Sec 406 IPC
Neeraj Sharma
(Querist) 15 December 2018
This query is : Open
Respected Lawyers,
My ex-wife filed a case against me in 2012 complaining that my family members and me did not return her stridhan and other items she demanded for at our main house. She has retained her words in her cross also.
She has produced a paper on which details are that some of the items she is taking with her to her parental house and some of them like jewellery given by us and furniture items are lying with us in our main house. This paper is signed by 6 people, three of us and three of them including she and me on 23.5.2010
When she moved to a rental house with me in July 2010 she and me signed a paper on which it is written that all the items except 2 suits and a briefcase have been received in the rental house on 27.7.2010. She and me both signed it.
Then in April 2011 during her cross examination in the case u/s 125 she accepted before the court that " मैंने अपने वाद पत्र व शपथ पत्र में नहीं छुपाया है कि मैंने मई 2010 के बाद अपना सारा सामान प्राप्त करके अपने पति के साथ अलग रहना शुरू कर दिया था। ये सभी बातें मेरे वाद व शपथ पत्र में शामिल हैं।
In original complaint in 2012 she wrote that she demanded her materials from all of us at our main house which we refused to return.
Can you please throw some light on the possible outcome of the case keeping in view the above points. In fact this is a false case on me just to blackmail me and snatch money from me.
Dr J C Vashista
(Expert) 18 December 2018
Obtain certified copy of her deposition/statement made in the case u/s 125 Cr PC where it is found mentioned in her cross-examination and file it in the instant case.
She can not revert from her statement made before the Magistrate/ Judge, if she does so, move an application u/s 340 Cr PC through your counsel.
