406
Vaseem Mustafa
(Querist) 09 August 2013
This query is : Resolved
My divorced wife has filled FIR for 498A & 406 against me & which under trial in court from last 2 years.My query is that they have shown the list of Articles & Golden ornaments worth 25 Lacs in the FIR & that without any voucher.While as they are having backward Certificate for which the income bar per month is 2.5 Lacs,that is RBA can be issued to those only who are 1) Resident of that area from lost 15 years 2) Who have max income of 2.5 lac per annum.
The lady has studied from 1st up to Graduation in City & they were living there & have a property of more then 1 crore there.
Please advise how can i use it in court as they have shown income bar 2.5Lacs for getting RBA certificate.Moreover the father of Lady was middle case (Non Gazetted)in central government and has retired in 2005 .
Please advise what to do so that i can use this information in court of law as this list of Ornaments & other items is all fabricated.
Devajyoti Barman
(Expert) 09 August 2013
Do not worry. She cna claim any amount of ornaments given but nothing could be proved in court.
To prove the offence u/s 408 lies firstly on prosecution. So you need not disprove anything.
Raj Kumar Makkad
(Expert) 09 August 2013
Instead of going in detail about her RBA certificate, you need to rebut every claim by deeply cross-examining the witnesses of the prosecution and get the desired results.
Rajendra K Goyal
(Expert) 10 August 2013
Agree with the experts, nothing more to add.
