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sindhu   05 October 2024

406 ipc or dvc to recover gold, cash, silver?

For the past three years, my husband and in-laws have subjected me to harassment and continuous demands for money. We have given approximately ₹80 lakhs in the form of gold, silver, and cash. I have already filed a 498A case and a maintenance case against them, My husband has also failed to appear in court.

I am currently unemployed and have filed for maintenance, but he is avoiding those court proceedings as well.

Furthermore, I am demanding the return of the gold, silver, and cash, but they are refusing to return them.

Can I file a complaint under Section 406 IPC to recover my gold, cash, and silver?
or
Can I file case under DVC to recover my gold, cash, and silver?
or
Can I file both cases?

Please provide guidance better option to proceed.



Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     05 October 2024

You have already filed a case under DV act.  so consult your lawyer for further guidance.

T. Kalaiselvan, Advocate (Advocate)     05 October 2024

You can file a DV case seeking the relief of protection, residence, return of your articles and the money taken from you as dowry, compensation for the acts of cruelty and monthly maintenance amount.

For lodging a criminal complaint for return of your articles under section 405 IPC you have to approach police once again.

You can decide.

Dr. J C Vashista (Advocate )     06 October 2024

All above options are available to you to prosecute the family through your lawyer, who must have advised you accordingly, isn't it ?.

sindhu   06 October 2024

I have two options (406 ipc and DVC) to recover my gold, cash, and silver. Please provide guidance better option to proceed. Is it possible to file both cases?

T. Kalaiselvan, Advocate (Advocate)     06 October 2024

You can file a DV case seeking all the reliefs or even a particular relief of return of your articles alone.

Dr. J C Vashista (Advocate )     07 October 2024

Both the options are equal / parallel, none is less to the other. 


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