Can i file 406 against wife

What is your Advocate's opinion on these issues?

My brief reply to your query is:

*Your RCR will not help you in any way against her 125 Cr.P.C.

*Fight the 125 Cr.P.C. on merit and submit all the proofs of her education and work experience (if any). A good advocate should be able to represent your case highlighting these facts which may either help you avoid the maintenance or at least may make the Hon'ble Judge fix a less maintenance amount.

*Other aspects of your matter would require you to discuss these things with your Advocate in order to come up a route as per the facts and circumstances of your case.

Have you fled the RCR case after she filed the maintenance case against you?  However since you have made your intention to take her back through your case, you may take the same stand before the court which is hearing the maintenance case too. Her highly qualified education cannot be construed as a reason to say that she can earn and hence she is not eligible for maintenance amount by the husband or to reject her claim.  She has to be employed or there should be substantial evidence to prove that she has sufficient source of income to maintain herself otherwise it is the bounden duty of the husband to maintain the wife.  If she has taken away her jewellery, it is her property to which you cannot object and if she has taken away the jewellery given by you to her during the time of wedding, it also forms part of the streedhana over which she has got full rights. If she has taken away cash kept at home, you can lodge a police complaint against her for robbery and not 406 case.