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(Guest)

498A

My wife left for her parents home and then filed a 498A case against me and my family. The chargesheet is yet to be filed. I approached the Investigating officer to check the status of the investigation so he pointed that wife is claiming that her streedhan is not being returned by us and says that jewellery and her other belongings are with us.

She had carried all her jewellery with her as this was being kept with her but I have some small gifts a TV that was gifted by her father and her clothes that are at my home but as of know knowone has asked me to return the same neither the police and court as the case is not yet listed in the court as chargesheet is pending.

 

what is the way to return the things that I have and how to handle the false claims that the articles that were carried by her are stated to be in my possession. I have some pictures of her wearing the same jewellery that she claims to be with me. The pictures were clicked fifteen days before the date when she claimed in her FIR that she was forced out of the house by us (though she went with her own will).

At what stage can the articles that are with me be returned is it after listing of case in court as the police have also not come to me for any inquiry or asking me to return the same.

They claimed in the FIR that when the 498A complaint was lodged the Mahilla thana issued notoice to us to visit but we never received any such notices. It was later observed that in the complaint they had used incomplete address due to which if any letter is posted would not reach us.

 

Need to know how to handle false streedhan claims and how to return the items with me.

 

 



Learning

 5 Replies

Devajyoti Barman (Advocate)     05 September 2010

Under what sections the case is lodged? If it is accompanied by section 406 of ipc then the police will come to recover the articles . If you want to avoid that hassle then you or any of your agent can go to the police station and deliver the admitted articles. As far as the other arcticles claimed to be in your possession is concerned you have nothing to do except to wait till the conclusion of trial. It is not easy task for the prosecution to prove that those articles are in your possession. Nothing to worry.


(Guest)

The Section 406 was not included in the initial FIR but the wife is now insisting to include 406 to the IO what steps the IO can take can he include this section while filing the chargesheet or can come to us for recovery

Uma parameswaran (lawyer)     05 September 2010

Police will come for recovery.

N.K.Assumi (Advocate)     05 September 2010

Narrate the whole facts to the Investigating Officer and show all the necessary articles to the officer including under what circumstances your wife left the matrimonial home. This is what the Delhi High Court observed in the case of  Narender Kumar and Anr. ... Appellants Vs The State of (Govt.NCT of Delhi) in 2007 by  JUSTICE SHIV NARAYAN DHINGRA. The investigating agency in all such cases must collect all circumstantial and other evidence in respect of claims made by the complainant and similarly Courts should always be careful in considering the case with the same ideas, qualities and it must be acknowledged that marriages do (fail and verify?) feasibility and truthfulness of the statement of the complainant and relatives.

20. From the entire documents and the testimony of the witnesses I come to the conclusion that it is an unfortunate case where the complainant by making false statement implicated the entire family in offences of under Section 307 and 498 A IPC. The Trial Court was not cautious enough to even look to admitted documents on record before convicting the family on mere statement of an estranged wife. Trial Courts should guard themselves from being swayed by emotions. They should consider entire circumstances and should carefully analyze the entire evidence. Poverty should not be allowed to become a crime. Neither failed marriage be permitted to be a crime.

21 I allow these four appeals. All the persons/appellants are acquitted of Section 498A and Section 307 IPC.

 

Jeetendra singh (Advocate)     06 September 2010

File a complaint case under sec 406 against your wife. It will be helpful for you.


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