Raman (student) 21 June 2012

Pl help (u/s 406-returning of dowry articles)

Dear Sir, In Today meet, my cousin visited Crime Against Woman cell( CAW)in Haryana in response to complaint file by her wife Her wife has imposed the condition for returning the articles which includes 350 gms gold articles While my cousin allege that he has only 50-70 gms gold in his posession rest belong to his deceased mother Her wife has given the list and CAW has given next date of hearing

My cosuin has the following doubts

1 Whether he should give the amount of gold which was in his possession? As he has apprehension that her desire will remain stick to the other amount of gold which belongs to his mother?

2 If he returned the gold, how and in what manner he should return the gold?

3 If he return the gold, how can he be sured that she can vary from the stand she has not received the gold?

4 Whether she can pursue for section 406 when she received only that much amount of gold which my cousin has been carried by him?

5 Women personnel has advised them to accommodate in rented accommodation, otherwise she will implicate other family members, whether living in rented accommodation is safe?

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2 Replies

yogesh (will tell you later) 22 June 2012

You should consult lawyer having adequate experience on this issue as the queries are very much complicated..but its advisable that you should not axed your family members so isolate yourself from them

HK_Jain... (498a Fighter) 22 June 2012

@Raman

1 Whether he should give the amount of gold which was in his possession? As he has apprehension that her desire will remain stick to the other amount of gold which belongs to his mother?

No, ask bill for those items that she is claiming.

2 If he returned the gold, how and in what manner he should return the gold?

refer answer no. 1

3 If he return the gold, how can he be sured that she can vary from the stand she has not received the gold?

Make (in duplicate) a Application of 'return of articles in good condition" stating serially the details of articles returned and take receiving in both copies from wife and her side of relatives with date / time / place mentioned thereto and give one copy to CAW cell for record (mention in your application that the reciving is done in duplicate and a copy given to CAW cell for material records).

4 Whether she can pursue for section 406 when she received only that much amount of gold which my cousin has been carried by him?

Yes, depends on her

5 Women personnel has advised them to accommodate in rented accommodation, otherwise she will implicate other family members, whether living in rented accommodation is safe?

what type of problem you are talking if you want to continue. Just save your family first from the false implications. There is no harm to live separate but risk will always there wheather you live separate or joint.

Regards

Hemant