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(Guest)

Ease of ab in 406/498a ?

What I have understood that in 406 (supported with 498a), judges normally refuse to give AB stating the reason that the husband is not participating in recovery of articles.
  1. But when in most of the cases, the girl has flew with all jewellary and a false/exaggerated list of streedhan is produced then what a husband is supposed to do????
  2. Moreover if a wife has not taken anything with her and can not prove (obviously still can orally claim and thus file 406) that jewellary is lying with husband then what a husband is supposed to do??
  3. What is the scenario of AB in 406 (wih 498a) if husband refused to give back jewellary stating that she has taken away or the list is exaggearted??

I am talking particularly about Delhi....



Learning

 10 Replies

Shantanu Wavhal (Worker)     29 December 2012

 

tell the IO as well as the court : 

she has taken everything along with her

now there is nothing left to return & the list is not true

and still show ur willingness to cooperate if the girl wants to come down to martimonial home, identifies her belongings and takes back, by PROPER PROCEDURE. (aao - pahacha lo - le ke jao)

its the duty of Police dept. to recover the streedhan (if any) & this recovery can be done by adopting a process of crpc 100. so there is no need of physical custody of accused.

i got Bail along with father, mother, sister easily within 24 hrs..

if the list is false & exagerrated, dont worry. its her case & she has to prove that the articles mentioned in the list given by her belong to her.

Shantanu Wavhal (Worker)     29 December 2012

also mention that nither she has asked for anything till now, nor we have refused to return anything till now

 

in fact, the wife has not taken back her things (if any left), inspite of being requested by us several time (if this has really happened so).

Shantanu Wavhal (Worker)     29 December 2012

 

https://www.vakilno1.com/bareacts/CrPc/s100.htm

 

The Code of Criminal Procedure, 1973 (CrPc)

 

 

100. Persons in charge of closed place to allow search.

 

(1) Whenever any place liable to search of inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

 

(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-section (2) of section 47.

 

(3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency.

 

(4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.

 

(5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witness; but no person witnessing a search under this section shall be required to attend the court as a witness of the search unless specially summoned by it.

 

(6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person.

 

(7) When any person is searched under sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person.

 

(8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the Indian Penal Code (45 of 1860).


(Guest)

Hi AMit,

Please check your PM and reply there.

Thanks.

Shantanu Wavhal (Worker)     29 December 2012

hamare ghar aao - search karo - identify karo - le ke jao ... we have never and wont ever refuse

we wont bring anything in Police station / deliver anything @ wife's parental home


hone do TRIAL.

Shantanu Wavhal (Worker)     29 December 2012

PM replied

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     30 December 2012

nothing left to add, amit already told every thing

1 Like

Shantanu Wavhal (Worker)     30 December 2012

remember, u are just accused - not pronounced guilty

holding the allegations of complainant wife to be PRIMA FACIE TRUE is one thing ...

proving / failing to prove her allegations by herself during trial is another thing ...

conviction / acquittal is FAR MORE DIFFERENT .

rajiv_lodha (zz)     30 December 2012

Coz its IPC she is dealing with..........she has to bring forth solid proofs to convict u, mere allegtions+coroborative evidence wont work

Zeeshan (Hidden)     31 December 2012

???

If she come home then she claim all jewellery in the house, including husband's mother's and sister's Then what ?


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