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kumar (manager)     03 September 2014

Query on 406

i got married three years back ...no kids.... wife earning 15000 and i am earning 60000.

6 months back she filed a false DV case on me and my parents thereafter she is not residing with me matter is currently in mediation cell.

prior to her filing the case she secretly removed all her jewellery articles.

i one sitting she said that she wants her streedhan articles  that were  in my house back ...we agreed  to it and all her article were returned to her with an inventory list duly signed by my wife the mediator and me.

now she is claiming that we have not returned her jewellery and threatening of a 406 case ......

need some advice on how to tackle the situation



Learning

 7 Replies

BHARTI KOTHARI (practising advocate)     04 September 2014

If u r having proff then no need to warry. Pls note that allegation and complaint can b make but to prove is difficult. 9322523623.

kumar (manager)     04 September 2014

sir can u elaborate on what proof u r talking abht she has secretly shifted all her jewelry to her parents house as she was residing with me before filing DV case.

in high court mediation cell i have handed over all her other articles of which i have the proof .

i am really worried about the false allegation that i am still having her jewelry

Biswanath Roy (Advocate)     05 September 2014

Whether at the time of mediation in High Court your wife categorically written in the recipt that she receipted all of her jewlleries from you?

kumar (manager)     05 September 2014

@biswanath sir

no sir actually there is no jewelry left in my house as prior to the filing she had shifted all the jewelry to her parents house.....she signed on the receipt of the other household articles.......what iam worried about is that how can i return the articles that are not in my possession

Biswanath Roy (Advocate)     05 September 2014

Your defense  against such claim will be that she took her STRIDHAN by granting receipt before the mediator and prior to that when she left matrimonial house she took  away all of her jewellaries belonging to her and that is why at the time of taking back her stridhan lying with us she did not claim her jewellaries. as STRIDHAN.

kumar (manager)     05 September 2014

thanks sir for the advice

T. Kalaiselvan, Advocate (Advocate)     08 September 2014

Very properly opined and advised by learned senior advocate respected Roy sir, I fully agree with him, you may follow his advise.  Even otherwise,logically it  can be proved that she made no claim for her jewelry at the time when she took back all her household items, now this after thought complaint is only to harass you, this can be challenged properly.


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