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fighting back (exec)     03 June 2013

In streedhan case, what if orignal bills are given but no je

Hi all,

 

The question constantly running though my mind is, after wife packs off from husband and goes away, and then files DV, there she asks her jewellery to be given back, now in my case, she took away all the ornaments and now is asking for them through DV case,

I have read in the forum before, that to claim back those jewellery, she has to produce the original bills, accepted.  but, what would happen if after taking all those jewellery away, she brings the original bills and then ask for the same jewellery? just because she brought the original bills, and the jewels are not with the husband, is he liable to give them back, just because she brought the bills?

also, in a scenario where, she can collect original bills from other relatives of hers, of the period after the marriage and gives in court, even they can be original bills, but of reletives, in this scenario what happens, just because the bills are original, the husband has to give the money in compensation.

So basically, the rule is she brings the original bills, you pay the money for jewellery, even without hearing the husband that he genuinely doesnt have them with her? is the law soo blind.....




Learning

 8 Replies

Shantanu Wavhal (Worker)     03 June 2013

ipc 406 ingredients are given by SC.

go through

fighting back (exec)     04 June 2013

@amit........thanks a lot for your reply, i couldnt find the link in here, would be very grateful if you could pls provide me with the link to the article relating SC judgements on 406. thanks

in my case she has asked for the stridhan through DV case, what is the difference here, between asking stridhan through DV and asking through 406?


(Guest)
  • According to Section 406 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 of, 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. (See: The Superintendent & remembrancer of Legal Affairs, West Bengal Vs. S.K. Roy )
  • We are convinced that the allegation of misbehaviour on the part of appellant Nos.1 and 2 and the demand of Rs. 50,000/- and V.C.R. by them made by the complainant in her subsequent statement, dated 4.4.1995, was an after thought and not bona fide. Section 498A I.P.C. was introduced with the avowed object to combat the menace of dowry deaths and harassment to a woman at the hands of her husband or his relatives. Nevertheless, the provision should not be used as a device to achieve oblique motives. Having carefully glanced through the complaint, the F.I.R. and the charge-sheet, we find that charge under Section 498A I.P.C. is not brought home insofar as appellant Nos. 1 and 2 are concerned.

Here's the judgment, have a look at it.

1 Like

(Guest)

SC judgment


Attached File : 563867476 sc-defines-498a-406-dec-2007.pdf downloaded: 125 times

(Guest)

IPC 406 is punishment sec for offence of breach of trust defined in ipc u/s 405. punishable upto max 3 years

 

non bailable, cognizable and non compoundable, unless amt involved is less than rs. 250/-

1 Like

(Guest)

These cases will go on and on.  Take help of mediator, the one who showed this girl to your family and ask him to mediate between you people in coming to a fair price for your freedom.  Here dont think of money, money you can earn later on too. But time is very precious.  Think and decide on future course of action.

fighting back (exec)     04 June 2013

@helping hand........i am very unfortunate at this, because the mediator has colluded with them


(Guest)
Originally posted by : no pain no gain....

@helping hand........i am very unfortunate at this, because the mediator has colluded with them

 


If that's the case, then ghoda hain maidaan hain.  


or else take help of judge.


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