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virtualgod (na)     22 August 2014

Filing 420/406 against wife 340 already filed

Brief facts: Wife files crpc 125. Husband does not pay for few months. Wife files recovery application. While filing recovery, lies on affidvait that there is no source of income. Husband deposits money. Wife withdraws the money.

Few months later husband files ipc 191, 192, 193, 195, 196 following crpc 340 giving proof that wife is earning a handsome salary in a software company

Now after reading ipc 420 and 406 why can't i go under 156-3 or crpc 200 to file a complaint against wife using ipc 406 and 420. Has she not deprived me of my money and deceived me by saying she is jobless? Forget about the fact that she gets same std of living etc. She did not only suppress facts by not sharing her employment but she blatantly wrote that she is not working. Then she withdrew hte money. Is it not sufficient at this point that the element of crime was completed and attracts breach of trust and deceiving? I really want to file such a suit but not sure if it will stand or what other grounds I must prepare for court to admit it. I am willing to challenge this to SC of India if lower courts keep rejecting it. Please help me in understanding if legally this is possible or I am incorrect?



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 1 Replies

498A-filed (Advisor)     09 September 2014

No. It will only attract perjury. 

 

I have also filed two cases against my wife and cognizance has been issued u/s 420 IPC in one case and 406 IPC in other case. But I had documentary evidences against my wife to get success. Summons have been issued under both the cases and arrest warrant will be issued on the next date due to her non appearance on court dates.


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