Can i file 498a case after 1.5 year so separation

Adv Chandu is right. Go for DV act and dont claim any other things other than Istridhan of the girl

@ SATYA PRAKASH
@Arun if all what you are saying your aunt can ask for articles showing proofs but filling 498a is ridiculous

   If your aunt is staying away since 1.5 years then why she ddnt get all these articles when she left?

"She didnt take things at first hand coz she was hoping to re-unite, she taught taking things away would make a longer gap."

why she / you want to get those articles now?

"She lost her life, she has a kid, she is paying EMI (30K) what do you suggest now give all the hard earning to them to enjoy?"

is your objective or aunts objective to harass your uncle by filling fake 498a now?

"Guess you havent read all the posts, our intention was not to file a 498a, in that case we would given 498a at first hand.  Rather we gave "return of articles" to police and they are not helping us now."

@other seniors who gave their great replies saying 498a can be filled, is it not encouraging people to misuse 498a?

"Not all cases are fake 498a"

If the above mentioned story by Arun is true then Question to seniors those who gave gr8 replies, is it not simple matter of 406 instead of 498a?

"They played smart in making my aunt apply for a personal loan of 6Lakhs and they never paid EMI which they said they will pay."


 

dont advise wrong things please.

SHAME ON THE LAWYERS THAT INSTIGATE PPL TO FILE FALSE CASES.

498a is for the torture with or without demand of dowry THAT IS LIKELY DRIVE A WOMEN TO COMMIT AND/OR IMPOSED THREAT TO HER LIFE OR LIMB? Where in this case it appears as a case of cruelty or harassment of 498a category ?

The social responsibility of lawyers needs to be re envisioned and revisited in India.

Arun, in your case ther eis not torture etc so dont go for a false case and demean the legals system. Ask for Stridhan if you have proof and you woudl get it.

@ Adv ChandraSeKhar:

Thanks for your post.

I wanted to make myself clear, we dont want to file a 498a case.  Even we dont want to get into a trap like that.

How much time it will take to recover our things in case we file a DV (Domestic Violence) ?

What are the things which is covered under DV? Coz my aunt was never torchored verbally and not physically?

What are the grounds that we can file a DV ?

https://www.youtube.com/watch?v=DjXyb8rLRU4

Time in DV ?? lol, its gonna take 3-4 years time to get your things back.

Also, how will you prove that you have given those things. You can prove that your aunt took loan, but that loan was used by ur uncle, is there any proof for that ?

You need to rethink, as lawyers here use to make a dreamy cloud for girls and then take money and leave the cases in between as they gets new Bakras.

@Reformist !!!!

She has taken a car which is in her name.

There is a bullet which was bought by aunt money which is also in her name

She has done a online transfer worth 4 Lakhs, and Issued 3 Cheque in name of his sister, and his relatives. (worth 3 Lakhs)

Any other proof needed ???

If the car is in her name, then it will take hell lot of time to prove that they are not ready to return it back. As u want to file 406, what will happen...........Process goes like this, police will file FIR for 406, probably they will return your car in recovery, then u can claim back the car from court through Spurdari( which can be done in 7-10 days).  Again for bullet, if it is with them the same process.

And in any case, if they do not return the items and want to pursue the case in court, you have to prove that things are with them and not with you and they are not ready to return the items i.e Misappropriation. CHOICE is YOURS !!

To prove that they misused your money & items is a herculean task, as you have to prove 3 things in 406 which are:-

>>>>>>(1) That it should be entrustment of property or dominion over property in any manner (2) it must be held by the accused on behalf of another in his capacity as trustee; (3) it has to be taken in capacity for specific purpose; unless these ingredients are satisfied it is not possible to attract the operation of Section 406, IPC.

According to Section 405 I.P.C., the offence of criminal breach of trust is committed when a person who is entrusted in any manner with the property or with any dominion over it, dishonestly misappropriates it or converts it to his own use, or dishonestly uses it, or disposes it off, in violation of any direction of law prescribing the mode in which the trust is to be discharged, or of any lawful contract, express or implied, made by him touching such discharge, or wilfully suffers any other person so to do. Thus in the commission of the offence of criminal breach of trust, two distinct parts are involved. The first consists of the creation of an obligation in relation to the property over which dominion or control is acquired by the accused. The second is a misappropriation or dealing with the property dishonestly and contrary to the terms of the obligation created.

@ Reformist !!!

All put to gether, for my aunt, this is what will happen.

~ She has lost all the earnings for the last 3 years, Lost her Money worth (10 Lakhs)

~ She has a baby of 2 years. She has to pay an EMI of 30k for the next 11 months.

~ Lost her life.

~ Suggestion is not to file 498a case coz its fake, and even if she files her life will turn miserable.

So the best is to give up everything and sit at home.

No,. the best is to sit and settle the matter amicably leaving all EGOs.

Dont use, she lost her life. We have not heard the other side of the coin ie other part of the story. So life is lost for both of them ie husband and wife and including the kid.

In amicable settlement, u will get everything. Kyunki baat to tabhi khatam honi hai jab sachai se baith ke baat hogi naa ki ladai se.............ya mud slugging se :)

@Mr. Arun, Even though your aunt was abused neither physically nor verbally, DV Act is applicable for the simple reason that domestic violence has got expansive definition.  Prima facie, your aunt has been subjected to "economic abuse", which is domestic violence as per the definition of the Act.  So, she is entitled to invoke DV Act.  In that case, along with the main petition, you file interim application recovering her articles (including car) and also file all the relevant documents, i.e., taking loan for car and now paying instalments etc.  Once documents satisfy the court, the court, on the interim application itself directs the other party to return those articles and it will be very quickly than you are expecting.  Engage a good advocate, who knows the nuances of DV Act and can read it in favour of women.

Mr. Chandu, pls do not misguide him.

There is absolute no prima facie case of "ECONOMIC Abuse". She is a working lady and is paying EMI of 30k per month . Where is the economic abuse ??? Economic abuse will come in picture if they are not ready to return the articles. If they return then there is absolute no DV committed.

Most members who are advising for solving amicably involving elders are most probably the aggrievated victims  of their wives who filled false 498a cases.They would be seeing it as a decent and peacefull way of solving things.But practical truth wuld be ,even if the wife is ready to put aside ego and ready for discussion,to restore back the family life for the sake of her child and herself, all that would happen there is ,just mud slugging by husband's relatives.Their ego would be raised so high,they will be thinking the old b*tch is coming to lick the husbands feet, so would hellbent on accepting back expecting her parents and relatives along with her to fall on their legs and ask for jeevdhaan,after apolozing for 100 times.Then they make her the scapegoat with all minor complaints like she dint clean the car the other day,she dint do pooja,she dint cook tasty food etc etc etc and proove she is worth nothing.And her family members have to witness and realise how a women becomes helpless,if she wants to retain the marriage.They would be forced to demoralise her saying ,yes you have not done your responsibilities in anyway and you should fall on thier feet and beg pardon.Big family draama.Then also husband will run away as if in 'kaashiyaatra' ceremony.her parents should literally fall on his legs and beg not to spoil her life.............

So wife who experinced so much torchure and exploitaion before, will have to agree they were really good people and it was all her mistake,for not being worth and tell she will put red carpet for them to magnify the torchure as like before and spend rest of the life without questioning it or being reluctant towards it.means happily accept their behaviour and learn to deserve less for herself.

This all basically happens because women are emotionally sensitive and men are rational.

only people who have suffered running behind courts will know the worth and substance and would beg, if had this was solved amicably putting aside egos then....

but who has not yet entered the pitch, would be challenging  her to go to court,to make her suffer for many years.

So this kinds of problems are pretty unresolvable untill both partys realises what life should be like.But realisation doesnot come without undergoing pain!!!! dont know why relatives and friends on husbands side,instead of putting aside his ego,works towards boosting him up.Final sufferers & loosers would be husband ,wife and the poor kid.nobody else

See the loser turned up to give a one page gyan!!!

Don't fall on the feet instead find your feet and standup. That you don't/can't do, instead beg husband for money, play the abla tabla cassette and play with some false cases, and then come here to give gyan. If you are so good, then find job and get yourself empowered. Live your life like a queen, who stops. Dont ever marry and beg for self-respect.