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ABHISHEK B (Bekaaar)     23 November 2012

Can i file cases over my 498a wife ?

My wife filed 498A/406 on me and my parents.

Now for police recovery of her Istridhan articles, she along with police came with a list (Schedule - A) of Istridhan articles.

However, she took things other than what was mentioned in the list. List of articles recovered - Schedule - B

Under sworn affidavit of DV application, she has mentioned both the lists A & B.

Since List B contains articles like men's garments and my household stuff, can I file the following sections :-

403 : Dishonest misappropriation of movable property, or converting it to one's own use.

417 : Cheating

420 : Cheating and thereby dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security.


 8 Replies

rahul (director)     23 November 2012

you can file DP3/4, for giving dowry

and when you win this 498a casem you can file malicious prosecution u/s 211 IPC.

ABHISHEK B (Bekaaar)     23 November 2012

@Rahul > I do not agree to your views. First of all the articles are mentioned as Istridhan. So DP3/4 is not applicable. Also, I was more curious to know whether 403/417/420 is applicable in my situation.

In layman terms, the situation is : I entrust Rs.10 to you. One year later, I come back with police and ask for Rs.1000. Is this cheating or not. If yes, which IPC section does it attracts ??

Abhijat Gupta (Reservation Incharge)     23 November 2012

My mother has filed 3 different cases against me, my father, my elder brother and my wife. We have evidence against her allegation but I think my exist counsellor is mis-guiding us. I want to take advise from another counsellor to get rid of mis-guiding by existing counsellor. Our cases are under trial in Gurgaon Court but I want to go for legel services in Delhi only.

Please let me know if there is any legel service is available in any court of Delhi.

ABHISHEK B (Bekaaar)     23 November 2012

Abhijat >> plz start your own thread. Can some senior member plz answer my query above ??

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 November 2012



If she had taken those properties, she would have got them delievered to her under Superdaari.


Use all her documents and see, what stance she has taken in that. That would give you clarity whether any cases are maintainable from your side or not.






Shonee Kapoor 

Handphone: +91-8010850498




1 Like

ANAMIKA VICHARE (LAWYER)     24 November 2012

My right advice is to you...that you better fight 498A case and do not go in for filing fir/pvt complaints against her leading to consumption of national time and energy, so is yours time, money and energy.   please do not waste it.   by the passage of time, everything you find futile...Keep cool... concentrate on your not lose your peace of mind....try to see how you can setttl th ematter  since I am fighting for men's rights, I know the legal situation.    The harassed husbands while facing such criminal cases harass themselves.....please keep cool and ensure that your time, money and energy is not lost in any of the process....      , you can send me email for any query

ABHISHEK B (Bekaaar)     24 November 2012

Hi Shonee Sir, As per chargesheet, unded Disposal section its mentioned - made w.r.t the complaint u/o of the Ld. Court. Now how do I confirm whether she has them under Superdari or not ?? No where in the chargesheet this word Superdari is mentioned. In her DV application its clearly mentioned - some articles have been recovered be the IO and handed over to the petitioner. Doesnt that means stuff which she didnt asked for in her Istridhan article have been misappropriated ??

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 November 2012

Need to peruse the complete documents to give any suggestion. Meet your lawter and discuss the same.


1 Like

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