Civil Procedure Code (CPC)

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ABHISHEK B (Bekaaar)     06 June 2012

Can 406 filed against wife ?

All,

Wife filed 498a/406 against me and my family. In FIR, she has annexed the specific list of jewelleries and articles.

Now, when police comes for seizure, they take away things which were not even mentioned in the FIR list (cloths and items belonging to me and my parents). The list is duly signed by two witnesses.

In chargesheet, the seizure list is attached, and it clearly mentions that the items were pointed out by the complainant.

We have receipts for one such item.

Now, can my mother/father or I file a counter case of 406 against the girl, that she has taken belongings which are not even claimed as part of her belongings in the FIR list ?

Can girl take items which are not even mentioned to be hers in the list which she submitted during FIR ?

Is this amount to 406 or any other section ?

Kindly respond asap.



 2 Replies

Deep Narayan (learning)     06 June 2012

no 498a case cannot be filed against girl or her family members. if the belonging which she had not mentioned in FIR are taken by police then ask them to return the same through court. now comes to case. U can file many counter cases against her 192, 193, 196 and 209 of I.P.C:ie. 192. Fabricating false evidence, 193. Punishment for false evidence, 196. Using evidence known to be false, 209. Dishonestly making false claim in Court. many cases can be filed against her. also file divorce suit on grounds or cruelty and desertion this will make her case weak

Deep Narayan (learning)     06 June 2012

also want to state that  406 and be filed by u,bt at this stage it will hardly make any impact


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