Regarding 498a 125 crpc and mcd
Sonal Verma
(Querist) 03 March 2013
This query is : Resolved
Devajyoti Barman
(Expert) 03 March 2013
To get back your stridhan articles you can file case PWDV Act or u.s 406 IPC.
Sonal Verma
(Querist) 03 March 2013
Thanks for the reply sir,
But can 406 be filed after 1.5 years of filing 498A. will police get involved in 406 and the proceeding will be done like in 498A ??
Please reply !
Rajeev Kumar
(Expert) 03 March 2013
Sec.406 of IPC can be invoked anytime.
Sonal Verma
(Querist) 03 March 2013
Thank you Rajeev Sir for the reply.
Please guide what more actions should be taken to strengthen the case ??
Nadeem Qureshi
(Expert) 03 March 2013
Dear Sonal
as per section 468 of Cr.pc
468. Bar to taking cognizance after lapse of the period of limitation.
(1) Except as otherwise provided elsewhere in this Code, no court, shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be-
(a) Six months, if the offence is punishable with fine only;
(b) One year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
1[(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]
Feel free to call
ajay sethi
(Expert) 03 March 2013
your husband will have to return the dowry atricles . you must have engaged a lawyer for various cases filed by you . go by his advice .
court has awarded you maintenance of Rs 3,000 per month if you feel husband has give fake salry certifcate engage a detective agency to ferret out the truth
prabhakar singh
(Expert) 03 March 2013
Experts have rightly advised you.405 defines
criminal breach of trust for which 3 years is the punishment provided in s.406 of I.P.C.
Do you have any list of the articles in their possession or purchase receipts by parents?
You can seek your husband case transferred in your district and can claim litigation expenditure also.
Get his job probed to ascertain his true salary.
Sonal Verma
(Querist) 03 March 2013
thanks you for the reply !! will talk to my lawyer about filing the Sec 406 of IPC.
Raj Kumar Makkad
(Expert) 03 March 2013
As you are already satisfied with the advice of experts then nothing to add more except to do endorse their views.
