Need help in dv case
sushila modi
(Querist) 15 March 2012
This query is : Resolved
Dear and Respected all,
My sons lawyer had submitted his 340 Crpc application.
1- can respondent(son) can claim his given money to wife family in cash and have some message proofs in this regard.
can claim be made in the same trial court?
along with application and evidences.
otherwise how we can recover given money, wife of my son has even taken my jewellery and her famly are not returning? when she left last day from home she had a copy of keys of all cupboards as she was a member of family and she left home in absence of anybody at home and took everything?
how we can recover money and jewellery of mine?
sorry sir but my son lawyer had mentioned the same in the pray of 340 crpc application, we ask also for the same to him but he did not reply,
thanks in advance.
Raj Kumar Makkad
(Expert) 15 March 2012
No. Neither any cash/money given to the family of wife of you son can be made a part of 340 application nor can any recovery be made in the same case.
Shonee Kapoor
(Expert) 16 March 2012
Money given can not be recovered.
However you can file a seperate case for your jewellary u/s 406 and also file a civil suit of recovery for other cash she has in her possession apart from maintenance,
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 17 March 2012
Dear Modiji,
how can you prove the money or jewellary given by your son when they were living together.Unless you have documentary proof it is difficult to get the money or jewellary back.Kindly go through section 340 crpc below.
340. Procedure in cases mentioned in section 195.
(1) When upon an application made to it in this behalf or otherwise any court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary,-
(a) Record a finding to that effect;
(b) Make a complaint thereof in writing;
(c) Send it to a Magistrate of the first class having jurisdiction;
(d) Take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do send the accused in custody to such Magistrate; and
(e) Bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a court by sub-section (1) in respect of an offence may, in any case where that court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinate within the meaning of sub-section (4) of section 195.
(3) A complaint made under this section shall be signed, -
(a) Where the court making the complaint is a High Court, by such officer of the court as the court may appoint;
(b) In any other case, by the presiding officer of the court.
(4) In this section, "court" has the same meaning as in section 195.
