Sneha Singh (Manager) 27 September 2012

Section 406 (doubts)

Hello,

I have couple of queries related to 406, If possible then please address individual queries

1. Is there any time limit filling 406 case?

2. If 406 filed after 498a, 523, 506 & 3/4 DP Act then what is the procedure? Girl side needs to file a separate new FIR or the same section can be added in the FIR where 498a and other Sections applicable?

3. What is the Exact Procedure of 406 once it is filed or FIR is lodged? A notice is issued or Police can directly start the Search?

4. What is the Searching Mode of the Police when Police have the Search Warrant to Search the House \ Place for the Stridhan?

5. Cash during the marriage will be counted as Stridhan or it will be treated as Dowry?

6. Can be the same amount of the Cash will be treated as Dowry and will be treated as Stridhan?

7. What is the best possible solution to stop filing 406 complain?

8. What is the process of taking stay on 406? How time will it will be required to take the stay and what is the maximum duration of the stay?

9. Can we take the stay before the 406 can be filed as FIR or it can done only after F.I.R.?

10. Any Preventive action to stop 406?

Thanks

Sneha

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2 Replies

ravindra (abg) 27 September 2012

If u got any istridhan from your wife i.e. sofa cum bed, gold chain, gold rings etc then u can submit that articles in police station and take a Panchnama Copy. So even if your wife files 406 then u can say and show that panchnama report in court tht its already submitted in police station. If still magistrate orders 406 or if magistrate not satisfied then he may give orders to police to search your house.

(Dont worry nothing will happen if already 498a is pending. In most cases court orderes your wife to present income prof or gold bills or other prof etc which is vary difficult to prove in court.)

Thanks

Ravidnra Sonavane