Ipc 406 against wife

hi,

i m also facing same problems. me & my family just survived from 498 and got bail.my wife has filed both 498 & dowry case.i want to know wht r the counter cases u hv filed and on wht basis u hv filed divorce.

ur valuable advice will guide me.

thanks.

the list is given in the same post and also read all the post related to 498A you will get an idea.

i am waiting for aquittal first after that i go for any action.

if you are having proof, then you can directly file case ot theft?

otherwise if you are facing DV. 498A then wait for its aquital and after you file coutner case in that you can mention all.....

surely something will haapppen etiher other patry will come to comprimese or court will give you back your belongings// so wait

hi sir...i want to know that if wife lodge a 498a complaint of her husband ..and after chargesheet prodcues in court..can husband relative can lodge a fir under section 406ipc against his wife with the evidence that she took the gold ornamnts of us...and my relative lodge FIR and police make FR on the basis of that its fraud FIR ..becoz wife lodge 498a against husband..but the evidence and proof are present and police ignore..wat we can do..in police investigation.wife gv two different statement in different IO..in one she said yes i hv and in second she said no its me..i was not taken...the two different statemnt usefull in case or not..my lawyer said its very usefull becoz its contradictry statement and she produced 3 fake wittnes those were not present in marriage ceremony..guide please
 

thnks

Originally posted by : sonidr
	hi sir...i want to know that if wife lodge a 498a complaint of her husband ..and after chargesheet prodcues in court..can husband relative can lodge a fir under section 406ipc against his wife with the evidence that she took the gold ornamnts of us...and my relative lodge FIR and police make FR on the basis of that its fraud FIR ..becoz wife lodge 498a against husband..but the evidence and proof are present and police ignore..wat we can do..in police investigation.wife gv two different statement in different IO..in one she said yes i hv and in second she said no its me..i was not taken...the two different statemnt usefull in case or not..my lawyer said its very usefull becoz its contradictry statement and she produced 3 fake wittnes those were not present in marriage ceremony..guide please   thnks

please open your own thread  and do not mix facts.

please come with facts (true) and do not expect this forum to invent charges on imaginary facts.

if wife files two different case on two different statements then you collect the contradictory statements it helps you lot in future.

In family matters IPC Sec.406 should not be used because, after some period of time, the properties brought by bride and used by the bridegroom at her matrimonial home gets mixed up.  There can be a civil suit to seek partition of property that a woman is eligible for from the husband's property rather than criminal case saying such of my articles which consist of Stridhan....1.....2....3..... remained with husband and by not returning those articles he committed a breach of trust.  In a Hindu family we do not maintain accounts about what comes into the home in terms of property and out of whose property we spend for family needs.  It is not a business organization where something is handed over to someone in trust and he officially holds a record of what is given or handed over to him and is obliged to present accounts as and when required by the parties concerned.  In my personal view, not only the husband, the wife also should not be allowed to file criminal cases under IPC 406 to recover Stridhan.  But unfortunately, the practice is women do file criminal cases to recover Stridhan under this section.

In my case, wife was not earning. I transferred quite some money exclusively on her name during our married years. She left me 2 years ago and failed for CrPC 125. I have used the amounts in transferred to her as a proof that she has sufficient means. If the FC still goes and awards her a maintenance, can i use 406a to claim back the current amount in her name? This amount is way above the amount required for maintaining a household.

@Maintenancevictim.  She may have used those amounts to fulfill her needs in these two years.  There is no law saying that when a wife holds the money of husband and away from matrimonial home, she has to use only Rs.5000 per month for her maintenance from her husband's money.  Once money is in her name she has every right to use it the way she wants.  She can even donate it if she wants.  You cannot have argument in court that she could not have donated your money, she could not have used that amount this way or that way, though you could have had a spat with her if she had been at home.  She is your wife by designation not a clerk to whom you have entrusted the job of keeping your money.  Therefore, I am sorry to say that there is no way you can argue in maintenance case that you have given sufficient amounts to her so as to avoid payment of maintenance.  If you had given amounts after conciliation as part of settlement agreement after the dispute was referred to conciliator or arbitrator, then if there is a term saying that she accepts that amount in lieu of maintenance, in such case the court can consider your argument but not when you had given those amounts to her when your relationship with her was perfect.  There is no obligation for her to keep the amounts safe without spending in whatever way she desired. 

Coming to S.406 there is no way you can recover that amount under that Section.  If you cannot win a maintenance case (Civil) with that argument there is no way you can win a criminal case with it.