streedhan 406
wifebetrayed
(Querist) 19 March 2011
This query is : Resolved
hi
wife has taken all jewellary, if she file case under 406, what is the procedure police follow. is this arrestable
if police is not able to find jewellery what would they do.
i have already got AB for fir under 498
do i need seperate bail for dv and 406.
my intital bail from tamil nadu, but i stay in delhi
M.Sheik Mohammed Ali
(Expert) 19 March 2011
its bailable, if you got previous AB in 498 even though you must get apply AB
wifebetrayed
(Querist) 19 March 2011
what if we prove we dont have any of her jewellary with us.
Ghanshyam Mishra
(Expert) 19 March 2011
she will loose her case you will be at liberty to take this ground for divorce.You can be arrested if police find a case against you.You will have to seek AB so as to avoid arrest.But it will not be possible for her to file a case in DELHI or some where else ,if she has already lodged FIR U/S 4989-A.
wifebetrayed
(Querist) 19 March 2011
thx for your response
why she cannot file case if already file a case under 498a in tamil nadu,
divorce case is due in april, it mention about jewel she has here, but she has already taken away the jewellary.
I have not heard from police after fir was file for 498a.
but i heard she is coming to delhi to take what she claim is left here. I am sure she would file a flase case to presure us on divorce and alimony.
Legal Fighter
(Expert) 19 March 2011
in DV remedy is of civil nature so no need for mail.
for 406, u have to apply for AB again.
i would suggest you to find "save indian family" on google and attend local meeting in Delhi.
wifebetrayed
(Querist) 20 March 2011
what i have heard is that since 498 is consider bigger offence than 406, if i got ab in 498 then it would be applicable for 406
second if fir is file and we allow police to search home and locker and they dont find anything would they still arrest me and my family
Guest
(Expert) 20 March 2011
if during the FIR the offence u/s 406 is mentioned in the FIR and then you need not to apply for another bail and if the offence is added in the charge sheet than you have to apply for the bail but generally it is easily granted and the police will make the report accordingly.
