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FightForCause (Businessman)     04 November 2014

Ipc 498a and 406 - police searched house

Hi Experts,

498a case against me. After the FIR and before i got regular bail from court , Police had searched my house and my shop. Wife had alleged that i had all her educational papers and Jewelry....wifey actually made a false list of Jewelry to trap me.

She will not have a single bill of all the Jewelry she has mentioned and in cross told judge that i have all the bill of Jewelry too.

My question - If she is not able to produce Jewelry bills and after police report of search of my premises...still Judge can ask me to return her Jewelry...which i never possessed.

what are the points i need to put in front of Judge ?

As the list is fake how do i defend myself?



 3 Replies

Sanjeev Kuchhal (Publishers)     04 November 2014

There has to some evidence regarding ownership of jewellery and further evidence showing that her stridhan was retained by the husband when she left the matrimonial home.

Vickey Seerapu (Lawyer)     04 November 2014

Basically 498A cases are false allegated cases. If any one of the accused person should be punished in the law. Must and should have a valid identity proof then only the case will stand otherwise the case will be dismissed. About your case your wife have to show the proof of identity in the court. If she failed to produce the proof in the court then it will not work out.

Saurabh..V (Law Consultant)     05 November 2014

@Author In my considered opinion, one who claims has the onus to prove in a criminal proceeding. In this case too, the complainant has to prove that alleged jewellery was given. If the complainant cannot prove, then court cannot compell you to return something you never possess. Remember, cases like these jolt a normal human being from the core and make them frustated. The great Indian system is well understood by those who are forced to go through it. Have patience and keep fighting! -- Regards Saurabh..V help@lawforumindia.com https://www.lawforumindia.com

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