I don't understand withdrawal of ipc 406 by wife

But amit the reality is that she has withdrawn the complaint and what u r doing is ctrl C + ctrl V and whatever u have pasted on the forum needs to be proved in court. Why is it that our talk is going round and round ? I already said she needs to prove that marriage is done and she does not have a marriage certificate because the registration did not take place. I do have certificate that says so and so serial number and so and so column number but in reality there is no records of this. Most lawyers in india have format ready saying serial number and volume number and then they register the marriage declaring boy and girl as husband wife. In my case marriage memorandum was signed and girls hosue and right away after tht certificate was issued. Later when i found out i discovered lot of mistakes in this and i brought this up during the police inquiry. In her reply she has mentioned that she does not have any proof of marriage but she know marriage took place. I have guts to fight the case i am not turning my back and if she is right then lets prove it.

Do you think i will let her walk away just by withdrawing the complaint ? I am not one of that person and that is why i am here seeking legal advice and what u r doing is completely opposite. If you have a better advice then what u have posted above then pls do so and else we both of us are waisting time. By the way how far ur IPC 406 has gone ? Also u r not a lawyer and a victims jst like me so i m looking for experts reply jst leave my post and pls do not waste my time.

dont read my replies, if u think its a waste of time.

Originally posted by : Amit---------------
	dont read my replies, if u think its a waste of time.

Let me get this straight now, i don't "think", but ur post are "indeed" waist of time. If u don't know  how to help somone then best for u is not to interfere in somone's matter especially when u r not a lawyer. Court does not believe in Ctrl C + Ctrl V whtever provision u have posted above do u have any knowledge when and how it takes place ? There is something called trial in court and that has to take place without that even if woman says that she slept with so and so person that does not mean that court will accept it. This is the mentality everyone has....."WHATEVER WOMAN SAY IS RIGHT " and u r doing the same thing. While i was questioning experts " Why ipc 406 was withdrawn ?" u came up with whole new topic. Why don't u leave SHANTANU PRAKASHAN and get a law degree then at that time i will listen to u. You yourself r stuck with IPC 406 and trying to give advice to everyone. Try to limit urself buddy... 

Let me get this straight now, i don't "think", but ur post are "indeed" waist of time. (ye kya hota hai bhai ! Waqt kee kamar !!) If u don't know  how to help somone then best for u is not to interfere in somone's matter especially when u r not a lawyer (who told u that i m not a lawyer ?). Court does not believe in Ctrl C + Ctrl V (all the 498a & DV complaints are just ^C + ^V)  whtever provision u have posted above do u have any knowledge when and how it takes place ? (read to understand) There is something called trial in court and that has to take place without that even if woman says that she slept with so and so person that does not mean that court will accept it. (IPC assumes that whatever wife says is prima facie true) This is the mentality everyone has....."WHATEVER WOMAN SAY IS RIGHT " and u r doing the same thing. While i was questioning experts " Why ipc 406 was withdrawn ?" (for some of the technical difficulties faced by UR wife) u came up with whole new topic. Why don't u leave SHANTANU PRAKASHAN and get a law degree (DING !) then at that time i will listen to u (but u have to pay me ha !) . You yourself r stuck with IPC 406 (there are many more too ...) and trying to give advice to everyone. Try to limit urself buddy...  (tried but cant help !)

Jon,

Simple, her withdarwal of  IPC406 is on simple fact that unless marriage is prooved ( wherein you deny the marriage on the fact that no record for marriage) IPC 406 itself is dismissed. because 406 is exclusive to return of stridhan or property. Thats why she would have withdrawn it. If she had not given anything, and she had sought legal aid with motive to your money and propety,You can also screw in turn with 182 CrPC, extortion and blackmailing cases. But courts will not automatically punish unless you approach it. If you are gravely taken for granted, gun her equally with legal sections.

:-)

406 is exclusive to return of stridhan or property

kya Mani bhai !!

COme on guys its better that the mud slinging stops 

Dear Jon , 

Did you ever question the advocate you had appointed as to why they had withdrawn IPC 406 as you have paid him to do his Job and what was his answer ?? 

And did your advocate argue with the judge or has your advocate received any written statement for withdrawal of the case ??

I presume only your wife and her counsel would know the reasons for this and you can get an answer if you can question her or your counsel can talk to her counsel and give you the reasons !!

we dont want to prosecute the accused

this much reason is also sufficient for withdrawal.

Originally posted by : Amit---------------
	Let me get this straight now, i don't "think", but ur post are "indeed" waist of time. (ye kya hota hai bhai ! Waqt kee kamar !!) If u don't know  how to help somone then best for u is not to interfere in somone's matter especially when u r not a lawyer (who told u that i m not a lawyer ?). Court does not believe in Ctrl C + Ctrl V (all the 498a & DV complaints are just ^C + ^V)  whtever provision u have posted above do u have any knowledge when and how it takes place ? (read to understand) There is something called trial in court and that has to take place without that even if woman says that she slept with so and so person that does not mean that court will accept it. (IPC assumes that whatever wife says is prima facie true) This is the mentality everyone has....."WHATEVER WOMAN SAY IS RIGHT " and u r doing the same thing. While i was questioning experts " Why ipc 406 was withdrawn ?" (for some of the technical difficulties faced by UR wife) u came up with whole new topic. Why don't u leave SHANTANU PRAKASHAN and get a law degree (DING !) then at that time i will listen to u (but u have to pay me ha !) . You yourself r stuck with IPC 406 (there are many more too ...) and trying to give advice to everyone. Try to limit urself buddy...  (tried but cant help !)

So the good news is that Mr. Amit is a lawyer (atleast that's wht he says). Oh well too bad welcome aboard my friend ......too bad that u can't do nothing for urself. By the way if u r saying that u r lawyer then i like to know from where u got this myth that "IPC assumes that whatever wife says is true" and prime facie is made out. If that is the case then lot of us would have ended behind bars before even going through trial. R u sure u r a lawyer ? or is that also Ctrl C + Ctrl V paste of "you are a lawyer"

So the good news is that Mr. Amit is a lawyer (atleast that's wht he says) (aaing ! when did i say so ??). Oh well too bad welcome aboard my friend ......too bad that u can't do nothing for urself. By the way if u r saying that u r lawyer then i like to know from where u got this myth that "IPC assumes that whatever wife says is true" and prime facie is made out. If that is the case then lot of us would have ended behind bars before even going through trial. R u sure u r a lawyer ? or is that also Ctrl C + Ctrl V paste of "you are a lawyer"

Originally posted by : stanley
	COme on guys its better that the mud slinging stops  Dear Jon ,  Did you ever question the advocate you had appointed as to why they had withdrawn IPC 406 as you have paid him to do his Job and what was his answer ??  And did your advocate argue with the judge or has your advocate received any written statement for withdrawal of the case ?? I presume only your wife and her counsel would know the reasons for this and you can get an answer if you can question her or your counsel can talk to her counsel and give you the reasons !!

Sir never appointed any lawyer i was waiting to fight myself. The matter didn't go back to police station for FIR to be prepared and then chargesheet to be made after that. She jst withdraw her complaint saying tht due to technical reason she don't want to continue and as advised by Mr. Mani i can get that answer only if i file a case against her.

Originally posted by : Amit---------------
	So the good news is that Mr. Amit is a lawyer (atleast that's wht he says) (aaing ! when did i say so ??). Oh well too bad welcome aboard my friend ......too bad that u can't do nothing for urself. By the way if u r saying that u r lawyer then i like to know from where u got this myth that "IPC assumes that whatever wife says is true" and prime facie is made out. If that is the case then lot of us would have ended behind bars before even going through trial. R u sure u r a lawyer ? or is that also Ctrl C + Ctrl V paste of "you are a lawyer"

Oh well he don't know what he is ......

@ Jon 

Litigitation is a waste of time and your money .And as you are in the US live happily over there . Once you file counter cases you would have to move in and out of the country .At the heat of the moment we do things which we realise should not have been done later in life . 

Sir i m planning to visit motherland for short period and now everyone is after me including police officers because one of their own was suspended. I cannot give up going back to india because of this people. They have damaged enough of my life already. What should be my strategy if i am going back to india ? I need some sort of peace of mind.

@ Jon 

If you are visiting for a short period than just go on the quite without mentioning it to anybody and enjoy yourself . Forget the past and dont get into litigitation it will damage your career and than there is always the posibility of  counter blasts like 498 A with instigation from these very people.such cases go on for 5-7 years until you get aquited .And in such cases you have to be present for each and every hearing .

 What ever  i say may not be acceptable to you as you have a mind of your own to decide and its your choice :-)