406

one does not know what are the contents of the complaint that attract the domestic violence Act. Secondly,  though no articles were found in the search, the wife can still file application for return of the articles. However, she has to prove that you or your relatives had taken the articles.

Mr.Palnitkar is very right. till your cousel cannot see the contents of DVA application, till then we cannot suggest  you exact advise.

Regards

 Dear Sir, 

Thanks for your valueable advice. Now police department has done all necesary steps in 406, 498-a  & 34 and she is applying for return of articles. Can I make application to Hon'ble JMFC stating she is misleading the court by making such kind of application. 

Though it is legal for ur wife to file complaints u/s - 406, 498A & 34 of IPC as well as under the DV Act, she will be at burden to explain the delay in filing the complaints which would certainly prove beneficial to u ....Her Advocate would have covered the aspects of the delay by giving appropriate reasons .... but still she will have to adduce evidence/s for the same before the Court. The same goes for her articles also ..... mere allegations do not weigh in Court and one has to provide evidence too .... Yes U may make known to the Court about the contents of the chargesheet filed by the police and also adduce circumstantial evidence to corroborate the contents of the charge sheet.