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priyanka (Student)     13 November 2014

Is husband unauthorized to keep his wife's certificates?

My sister in law filed a fake dowry  case under section  498-A-IPC along with 342-IPC,420-IPC. Since my brother is in states he asked his wife to post her documents along with educational certificates for processing. Later my sister in law filed a false dowry case stating that my brother has taken all her certificates. Can’t a husband keep his wife certificates. Is it a crime?

Awaiting for reply.


 13 Replies

G.L.N. Prasad (Retired employee.)     14 November 2014

Why should he continue to keep even after such demand for return.  First let all her certificates be returned through mediator and with due acknowledgment to prove bonafides.  Husband can keep for protecting documents but when the documents are required it should be returned without any claiming any right on such documents.

This is not a right.

house wife... (na)     14 November 2014

my husband not giving me my certificates back/....what is 342ipc and 420 ipc

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     14 November 2014

Keeping documents against anybody's will is crime.


But the present case is not chargeable at all in 342, 420 and 498A.


420 = cheating. Clearly keeping document is not cheating.

342 = wrongful confinement. Clearly she was not physically confined.

498A = Cruelty for dowry. Clearly not dowry demand in their.


Please go for Quashing with Speedy Trial in HC with 401 read with 482 and 483 CrPCs with the said legal grounds.

Sami (sd)     14 November 2014

Thanks to all,

I really appreciate Rocky Smith for clear explanation. 

What about these sections could you please  explain me in brief.  What impact does these sections have on a false dowry case u/s 498-A?

Sections: 406-IPC,506-IPC,4-DPA,6-DPA, please explain about these sections.



Advocate/CS Sanjeev Kataria ( Advocate)     15 November 2014

No one is authorised to keep other's documents. in your case, wife can file a case u/s 406.420 ipc 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     15 November 2014

DPA = Dowry Prohibition Act.

All sections of DPA can be found on the link bellow.




406 IPC = criminal breach of trust.

506 IPC = criminal intimidation.


Sample petition and other clues can be found on the following link.








Sudhir Kumar, Advocate (Advocate)     15 November 2014

You are on the wrong side in the certificate issue.  By continuing to do so you can create a dnegative aura to cause harm to yourself.


Do not  create material against you.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     15 November 2014

It is her responsibility to prove that you kept those documents against her will.

In the argument you should tell that you did not keep those against her will and your are ready to return the same.

Sudhir Kumar, Advocate (Advocate)     16 November 2014

You should allow no argument to happen on this issue.  You need not tell any lie and spoil case.

Sudhir Kumar, Advocate (Advocate)     16 November 2014

Please list how many threads you have opened on the issue

T. Kalaiselvan, Advocate (Advocate)     16 November 2014

Retaining the certificates of wife and refusing  to return it even on several demands is not only illegal but also a crime and an offence punishable under criminal law.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     17 November 2014

Please don't worry. This is very hard to prove in the court.


I think you have done it by mistake and unawareness. Please don't do it again.

priyanka (Student)     20 November 2014

Hi All,

Thanks Rocky Smith for your advice.

My brother has taken her documents for processing visa, not with any other intension. The mean time she has filed false dowry case along with 420. 

We are ready to give all her documents but the thing is that they are not ready to go for settlement. Day by day they are torturing my family which is not at all fair enough. When we are ready to give everything and told them many times, to take out the false cases and we would give all their things,  still they are not coming for any discussion.

Now they have approached Human Rights department. When human rights department is supporting them, then who will help us in such case. Like us many of the families are the victims of these false dowry cases. Something should be there which would resolve such issues even from both the parties. 

Sometimes genuine cases would be filed, but most of the time innocent people are becoming victim of such false cases. 

Kindly please guide us.

Thanks & Regards,




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