Civil Procedure Code (CPC)

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Fighter   18 December 2015

Stridhan is with wife but she filed ipc 406

Divorce filed by husband 1.5 years back under mental cruelty. After 1.5 years wife filed 498a and 406.

She is claiming that jwellery given by her parents and given by me is forcefully taken by me. But reality is all jwellery is with wife only.

She was working in our married life. Now she is claiming that I forcelly took all her salary amount and used it.

On this ground she has filed 498a and IPC 406, 34.

How I can remove 406 in charge sheet stage only?

FIR is recently filed.



 4 Replies

prabhakar advocate (advocate)     19 December 2015

Such allegations are matter of fact and hence evidence is required. So at the stage of charge sheet,it can be proved and full pledged trial is required.  If you want to get out of this tricky situation, talk with her and after negotiated settlement, can get FIR quashed.  Otherwise face the trial on merits.

Anand Bali Adv. (Advocate Solicitor & Consultant)     19 December 2015

Dear friend, 
Now a days misuse of the woman protection Act is too much in fact without any base just like a Dears Hord every woman has started alligating her husband and inlaws if we believe the statistics behind the conviction under 498A cases it is only 12 % rest all the cases either are declared unproved or false. Her simple statement in the court will be considered as the truth and husband will be sply behind the bars and he has to take a bail either AB or gregular it is the atrocity of the protection Act for the woman. Seeing all this the Appex court has given directions in the Jan 2015 that no arrest should be made with out approval and ordser of the court of the 1st class magistrate or by order of the Dy. Suprintendent of the Police  direct and not merely on the police complaint by the applicant.

Now in your case it is the matter of trial that both the parties has to establish that who belongs to the her Stridhan and why not he / she should be convicted for the same. here her circumstances at the time of her leaving the matrimonial home pleads a vital role to show the apprihension that where are the her Jewellarys sply.Or iof the Husband can show the evidence in the court that how she took the all her belongings with her at the time of leaving her matrimonial home.SASURAL.

You are further advised to cooperate with the IO at the time of investigation of the case and provide and show her all the relevant evidences which indicate that she has taken all her Stridhan with her. This is only the way by which you can get remove the Stridhan related 406 removed at the stage of investigation status report itself. But for this you have to be pro active and cooperative with the IO in her investigation.

 

T. Kalaiselvan, Advocate (Advocate)     26 December 2015

You have to challenge her case on merits in your side, dont go for quash , you may not get the desired relief, instead you will land up spending huge money, loss of time and energy on quash arrangement.

As you have evidences in your support, defend yourself properly and try to get acquitted. 

FightForCause (Businessman)     28 December 2015

Fighter ,

  • Has in her Written Statement of Divorce case she mentioned anything of Jewelry?
  • Has she put a counter claim to get the Jewelry from you?

If the answer of above questions is NO, then i think you should discuss the same with experts here and with your lawyer and try remove this section by showing the same to the police.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query