406 after 498a question

JM (Querist) 30 September 2012 This query is : Resolved
Ex- had filed 498a, DV and several other cases against all of us.

In 498a, she has mentioned that I had some old clothes and utensils(!!!!) of hers at my home. Nothing else. She had also sent a legal notice about it before the 498a (the legal notice was 1 year ago; the 498a came 6 months later). The list of items accompanying the 498a FIR was blank.

Now, she is threatening to file a 406 one year after the notice. She is planning to use wedding photos and videos of jewellery as evidence. Since we moved abroad after the marriage, none of the jewellery gifted to her by my parents and her parents was with us - we left it with her parents itself. She actually has several lakhs of our jewellery with her for which we have receipts also.

Will the 406 against us stand? Can I use the fact that she is making this belated claim which was not present in the original 498a (which has several other sections included) or the legal notice which includes ridiculous stuff such as clothes/utensils?

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