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Deep Juneja   06 December 2016

No 498 and dv at once

Dear Members,

 

Can someone post here the latest citation that tells no 498a case shall be entertained once wife files a DV case against her husband?

 

Thank you 

deep



Learning

 10 Replies

Sachin (N.A)     06 December 2016

There is no citation you requested.

DV is complaint case filed by wife, and 498a is a criminal case , between you and state,

Reliefs in both cases are different.

 

sai narayana   06 December 2016

She can file 4 different items of family pack. Crpc 125, Dv, 498A/406 and also Divorce/RCR with S24HMA concurrently.

Harsha   07 December 2016

I had filled 498 A against my in laws in the month of May 2016 and my in laws gave all the srtidhan (by my parents) to the police station and they seized it??

Can police Seize my property without a chargesheet or the court orders ??

Please help

Sachin (N.A)     07 December 2016

Yes. Seizure is a part of investigation process. 

Harsha   07 December 2016

Could you please tell me how can be it a part as they just have returned my property which my parents gave not the one which in laws gave ??

How can I get it back from the police ??

I asked my PSI to return, he told to get the orders from the court but chargesheet is not filled how will I get it back??

Whose responsiblity it will be if something is lost in my jewellery??

Ideally they should not because I have my DV case going which was filled in Month of january prior to the FIR??

Please correct me if somewhere I have wrong knowledge??

Sachin (N.A)     07 December 2016

It seems your husband is a dumb!

In your case the police had already recovered certain items from your inlaws possession. So, it is enough to prima facie constitute 406 IPC against them. However in absence of such recovery it will be difficult to prove 406 IPC.

 

Sachin (N.A)     07 December 2016

SI is right you have to get the orders from court. 

Harsha   07 December 2016

So now what should I do because my gold jewellery is in police custody ...I am worried about it....Its almost more than 6 months

What is 406 IPC??

Can I back question police that on whose responsiblity or permission did u retain my goods ??

Is there any link where it can be proved that police needs to have the oder from the court to seize my property or the belongings without the chargesheet

Help Please

sai narayana   07 December 2016

show bills along with marriage video depicting those ornaments as yours

Kumar Doab (FIN)     12 December 2016

You have been advised in detail.

Rest your own counsel must have advised you , on how to proceed further.

 


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