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ANEESH TRIVEDI (ADVOCATE) (Advocate)     15 October 2012

Ipc 406 against wife

need illustration of 406 IPC related with false cases by wife....................

Can a husband file case unders sec 406 IPC on wife if wife filed false 498A?

if yes then what will be major grounds? How they work in the court?

what are advantages and disadvantages of it if husband file on 498A wife?

it is going paralled with 498A,DV divorce and maintenace, does it affects any other cases?



Learning

 26 Replies

MohammedRaffiq Bijapur (Advocate)     15 October 2012

No husband cannot file case under sec 406 of IPC. that provision is in respect of property only.

Sudhir Kumar, Advocate (Advocate)     16 October 2012

write full details

ANEESH TRIVEDI (ADVOCATE) (Advocate)     16 October 2012

Originally posted by : MohammedRaffiq Bijapur

No husband cannot file case under sec 406 of IPC. that provision is in respect of property only.

I agreed with you but husband is filing the same for porperty only that property

1.which is taken by wife with her without the consent of husband.or

2.husband gave her or

3.it was in joint or

4.property earned/belong to husband but it at the name of wife.[ as normally husband will keep wife's name]

Sudhir Kumar, Advocate (Advocate)     16 October 2012

filing 406 on wife for what/  query is vague.


(Guest)

Why can not husband file 406 on wife claming that wife has run away taking husband's mother jeewllary?

I think husband can file.

But what is the effect of that if it is filed after 498a/DV/406(filed by wife)

Tajobs/Bharat may clear better.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     16 October 2012

Indian Penal Code (IPC)

Section 406. Punishment for criminal breach of trust

Whoever commits criminal breach of trust shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine, or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.

 

Sudhir Kumar, Advocate (Advocate)     18 October 2012

One meber fight_with_498a hadvised to file case for having run away with mother's jwellery.  The quesrist has stated nothing of such facts. 

 

This forum does not advise how to invent allegations.

 

The queriest knowin S/ 406 has not stated which facts in his case attract this provisions.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     18 October 2012

Originally posted by : Sudhir Kumar

One meber fight_with_498a hadvised to file case for having run away with mother's jwellery.  The quesrist has stated nothing of such facts. 
The queriest knowin S/ 406 has not stated which facts in his case attract this provisions.

Sudhir sir , the same what mr fight_with_498A said , wife took all the valuabel belognings of her and husband also the educational document of husband. computer mobile etc etc.

for that is 406 is suitable or not? as if dispute arise woman can do such type of things?

they took childerens , jwellary , valuable items etc with them..................... and left the false allegations......

Rahul Kapoor (Legal Enthusiast)     18 October 2012

husband can file the case.

but do not go for the counter cases now..first get free from the charges framed against you..

once got free there are number of counter cases you can file against your wife and her family.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     18 October 2012

@ I am Altruist

oK SIR , AND thanks, do you have exmples of such succesfful cases then please share?

kindly mention the strong cases which can be filed aginst her,

i am victim of false 498a and definitely i will win as there is only mere allegation no MLC is there , witness mother and so called brother outsiders IO took only 300 rs bribe to lodge the case , see the level fo that currpt lady SI , so shameful .

agar mujhse bheek mangti to mai bhik me de deta ek ghar ko barbad karne ki kya jarurat thi?

this is the moral of police SI level what you expect from lower cadre.

anyway among us every one is dealing the same.

Rahul Kapoor (Legal Enthusiast)     18 October 2012

 

Counter cases

 IPC 177– Furnishing false information.

IPC 182– False information, with intent to cause public servant to use his lawful power to the injury of another person
IPC 191– Giving false evidence
IPC 193– Punishment for false evidence
IPC 194– Giving or fabricating false evidence with intent to procure conviction of capital offence.
IPC 195– Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
IPC 199– False statement made in declaration which is by law receivable as evidence.
IPC 200– Using as true such declaration knowing it to be false.
IPC 211– False charge of offence made with intent to injure
IPC 361– Kidnapping from lawful guardianship.
IPC 362– Abduction.
IPC 363– Punishment for kidnapping.
IPC 378– Theft
IPC 379– Punishment for theft
IPC 380– Theft in dwelling house, etc
IPC 405– Criminal breach of trust
IPC 406– Punishment for criminal breach of trust
IPC 415– Cheating.
IPC 417– Punishment for cheating.
IPC 499– Defamation.
IPC 500– Punishment for defamation.
IPC 503– Criminal intimidation.
IPC 504– Intentional insult with intent to provoke breach of the peace.
IPC 506– Punishment for criminal intimidation.
CrPC. 167– Procedure when investigation cannot be completed in twenty-four hours
CrPC. 182– Offences committed by letters, etc
CrPC. 197– Prosecution of Judges and public servants
CrPC. 198– Prosecution for offences against marriage
CrPC. 198A– Prosecution of offences under section 498A of the Indian Penal Code
CrPC. 199– Prosecution for defamation
CrPC. 200– Examination of complainant
CrPC. 201– Procedure by Magistrate not competent to take cognizance of the case
CrPC. 203– Dismissal of complaint
CrPC. 248– Acquittal or conviction
CrPC. 249– Absence of complainant
CrPC. 250– Compensation for accusation without reasonable cause

 

but do not for counter cases now .. wait for your turn..

regards-

rahul.gogreen@gmail.com

ANEESH TRIVEDI (ADVOCATE) (Advocate)     18 October 2012

thank you and yes sir i agree i am  having patience i wait for it , i also searc from different post and case some are as:

counter case --IPC 384,

IPC- 386, CRPC--250[VERY IMPORTANT AND IMMIDIATE FOR REMEDY], ,CRPC-357

SEC 220 FOR FABRICATED CASES

SIR , i dont know about all in detail just i collected them now i will study and analyse after two three days

if you focus on it them i am very thankful to you

 

Sudhir Kumar, Advocate (Advocate)     20 October 2012

if she has run away with your belongings then why waiting here whey not to give theft complaint.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     20 October 2012

sir, complaints are given in the police station even to sp they correlate it as matrimonial dipute sir mere pass TI,SP , IG,DGP, tak ko compaline dene ke receipt hai par koi reaction nahi sab kahte hai ki mamla 498 A court me chal hi raha hai.

now when i get aquital then i file under 156 , sir aap to jante jaha fayda hota hai wahi police apna haath dalti ahi,

mere paas se unko ek rupiya bhi nahi milega , na hi wife side se so sab application dustbin me.


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