Sec 406
Guest
(Querist) 24 March 2012
This query is : Resolved
hello,
the standstill on the case is:
- divorce is decreed by honourable court announcing 4.5 Lakh compensation from husband to wife both for wife and child
- husband has appealed in HC explaining that the amount is beyond to his status as he is unemployeed
- another case u/s 498a was filed by wife against husband prior to the divorce case and is appealed by husband for quashing - the HC has awarded STAY to it and has called both parties for mediation session to address the quashing.
- and a week back wife has filed an applicaiton in session court u/s 406 against the husband and 03 of his relativces including mother. the catch is its is not mentioned that the husband and wife are technically divorced.
with this standstill... can you advise:
- what is the implication of sec 406 in this situation
- what is the suggession from this forum to handle this
pls advise
thank you.
V R SHROFF
(Expert) 24 March 2012
concealed pls still means anonymous. , nor u disclose ur profession.
it is not ur own problem, it seems.
pl let us know how u r affected??
Guest
(Querist) 24 March 2012
yes my problem.
any knowledge sharing on this situation, pls advise.
thank you.
Nadeem Qureshi
(Expert) 25 March 2012
Dear Querist
section 406 IPC is for recovery of articles of Dower or recover Stridhan. section 406 IPC is cognizable and non-bailable offence, It is complaint case or police case?
Nadeem Qureshi
(Expert) 25 March 2012
Dear Querist
section 406 IPC is for recovery of articles of Dower or recover Stridhan. section 406 IPC is cognizable and non-bailable offence, It is complaint case or police case?
SAINATH DEVALLA
(Expert) 25 March 2012
Dear Querist,
On what count has the judge awarded the compensation of 4.5 lakh? Even after the 498 A, has been stayed,what necessiated your wife to file 406 IPC. The judge will not blindly award the amount without ascertaining your financial position.As said above 406 IPC is non bailable.What I feel is you are not comming out with the correct facts in your query.
Find Below 406 IPC.
Section 406. Punishment for criminal breach of trust
Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years and fine, or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.
Adv.R.P.Chugh
(Expert) 25 March 2012
Strictly speaking there is no bar to her prosecuting the 406 with or without the divorce.
The 4.5 lakhs in all probability is not compensation!!! but a permanent alimony order, which can be challenged if it is perverse
H. S. Thukral
(Expert) 25 March 2012
It appears 406 has been filed alleging appropriation of her stridhan ?
Usually at the time of decree of divorce, the court ascertains that all articles of dowry are returned and even in 498 a complaint also the first order is directing return of stridhan before bail issue is taken up.
What are the allegations in the complaint?
Arun Kumar Bhagat
(Expert) 25 March 2012
Wife may file case u/s 406 IPC but how it was filed in Sessions Court is not apprehensible to me. Anyway husband should contest the case vigorously.
Guest
(Querist) 25 March 2012
@ Nadeem - I am sorry for being novice to answer your question. But I have come to know that an application has been filed inthe court u/s 406 and its 30-March fixed for us to counter the claim/applicaition
@Sainath - The family court has announced the 4.5Lakh permanent alimoy based on my teh then status (later forfighting the caseI lost my job)
Please let me know if you feel I am not coming with a correct qerry... I mean I have given the situaiton at standstill and wanted to have a opinion from this forum.
@ Mr Chug
Well noted the point that you made and its an imp one "Strictly speaking there is no bar to her prosecuting the 406 with or without the divorce."
@ Mr. Harbhajan
Again thank you for advise. Allegations in the complaint are that I and my relatives have withheld the wealth of my wife. Can you also confirm as she has suited me and my mother and 02 of my maternal uncles for this... are the maternal uncles liable to face any consequence?
MY QUESTION... (PLS ADVISE CATEGORICALLY)
DO I FEAR AN ARREST FOR THE FILED 406 CASE.
SITUATION - DOVORCE ANNOUNCED IN SEPT 2011 WITH ALIMONY OF 4.5LAKH WHICH HAS NOT BEEN PAID DUE TO INCAPABILITY AND HAS BEEN APPEALED IN HC. ALSO ANOTHER PETITION TO QUASH THE 498A (FILED LAST YEAR) HAS BEENFILLED IN HC AND HAVE BEEN STATED BY THE COURT.
Please shed light!!
Thank you
Shonee Kapoor
(Expert) 25 March 2012
Dear Friend,
Divorce in toto has to be challanged along with the decree and compensation.
If 406 is filed, it is non-bailable. And you would need to procure bail.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
H. S. Thukral
(Expert) 27 March 2012
If you have been summoned by the court on a complaint, apply for bail on first appearance which would be allowed. Kindly also check up when the complaint was filed. whether it was before the decree of divorce.
Guest
(Querist) 27 March 2012
Dear Mr. Harbhajan
Thank you for the advise.
We (me, my mother and 02 maternal uncles) are not summonned by the court, actually the standstill is an application has been given by my ex-wife to Dist Court u/s 406 and the court has to hear on 30/03 whether there is a possiblity of allowing a legal case.
On complaint, it is filed by my ex-wife some 15 days back, while the divorec was decreed on 15/09 in 2011.
Kind regards,
H. S. Thukral
(Expert) 27 March 2012
Your wife has filed a complaint. The magistrate shall hear the complaint and record her evidence and then if feels he will issue summons. It has to be a reasoned order and you can also challenge it in superior court. I am of the opinion that in the circumstances when divorce decree has been passed which may contain observation of no claim of either party, a complaint under section 406 shall be maintainable.
Shonee Kapoor
(Expert) 30 March 2012
If the wife has filed the complaint and the ingredients of the 406 are there, then the case would proceed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
