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deep (deep)     12 August 2015

Is it theft??

After marriage, boy tells girl to use new sim which is bought by name of his father. She had been using that sim. After a year or so, wife deserted by husband n family-in-law, she is forced out to her parents' house. She was carrying the father-in-law's named sim with her.  Months later father-in-law got that sim freezed, got a duplicate sim n they misused that number to defame her to whosoever called at that no. to talk to her

Now, FIL filed private complaint in court u/s 378, 379, 411 that she theft that sim etc

Is it a valid ground??

Is that SIm card theft in eyes of law??

She did not steal anything.



Learning

 6 Replies

deep (deep)     12 August 2015

Kindly guide experts

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     12 August 2015

Dear Mr/Ms

a criminal case under section 379/411 is made out only when you have taken sim card without the very consent of FIL otherwise not, as you already alleged that you were already using that sim before going to your paternal home, it means that fact was very well within the knowledge of FIL, hence no offence

 

Asif Khan   12 August 2015

Muslim male is Govt. Servant. Fist Wife files restitution of conjugal rights case in court. After filing counter immediately to avoid taking first wife to his home, he married another girl without consent of Govt. or giving divorce to first wife.   section 494 is attracted in this case. As per the judgemnt of Supreme court reveled in Khurshed Ahmed Khan case. Vide No.1662 of 2015, Dt.09-02-2015        

deep (deep)     12 August 2015

Thanks ansari sir But how to prove this in court

deep (deep)     13 August 2015

Thanks a lot I was too tensed I have not yet received any summons n have not read the petition even, but i fear they would have claimed many more false things in petition How r such false cases decided? How cud it backfire, i apprehend more cases more harrasment, any remedy available?

deep (deep)     14 August 2015

Sir, how cud it backfire them

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