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Bittu (sr. software engineer)     27 November 2011

Please help me from my wife

After 3 and half year separation, on December 2010, I have filed Divorce under section 13A. Court has sent 4 times Divorce Summon to my wife’s address. But she has not accepted the Summon. 5th time she has accepted the summon and came to the court on Sep 2011. That day her lawyer has given the proposal of mutual divorce.

 

But now they threat me to say that they will file under section 406 against me if I am not fulfilling her demand. She has given me a long list of her jewelry with other things.

 

Please tell me

 

1. What is 406? I have filed 13A one year before, now can she file 406 against me?

 

2. I never asked for dowry. How I can prove that?

 

3. Please suggest me what should I do?



Learning

 5 Replies

Sanjeev (Lawyer)     27 November 2011

Section 406. Punishment for criminal breach of trust

 

Whoever commits criminal breach of trust shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years and fine, or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.

 

This is basically a section that she can lodge FIR at the police station for non return of her streedhan and the other articles that would have been given by her parents in marriage.

help.me.with.divorce (manager)     27 November 2011

Welcome to the family.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     28 November 2011

Bittu, 

Almost 4 1/2 years u have no relationship of h-w, 

y  u want 13a, when u r separate otherwise? 

Why  want to continue H-W relationship?

If opp Adv proposed 13B, u shd accept it. Why keep intact a empty shell of Marriage!

Jwewllery: both shd rtd to whom it belong! Compromise, and say Good-bye peacefully with 13B. 

sheela subbarao (Advocate)     28 November 2011

Section 406 IPC is not applicable to you, probably she file a case of harassment for dowry, 498-A , domestic violence etc., immediately lodge a complaint with the jurisdiction police narrating the situation and certainly mention about divorce petition and consequence. At some point of this will help you. Keep the ackowledgement for lodging the complaint. Your lawyer's help can be sought in this regard.

rajiv_lodha (zz)     28 November 2011

I agree wid above post. Also:

* read 498a Survival Guide for awareness, it will be much needed.

* U are facing blackmail tacts

* Be bold 4 a long fight ahead


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