Nitish Banka

    • What Questions you should ask wife in false 498a part-II

    Now another aspect in false 498a case is the case of 406IPC which is related to the streedhan of the wife.

    The main ingredients of 406 IPC

    Entrustment of dowry Articles

    Non return of dowry articles

    Misappropriation

    I have already made a detailed video with regards to 406

    In this wife has to first prove ownership of the streedhan articles, now the ownership of the Jewelry can be proved by producing GST bills of purchased goods. A lot of jewelry can be gift from her mother for this bills may not be available and next she has to prove entrustment of dowry article to the family members. Normally in other cases an acknowledgement or receipt is a proof of entrustment but not in the cases of matrimonial cases.

    Now there is one law under which during marraige a list is to be prepared at the time of marraige which is

    1. Rules in accordance with which lists of presents are to be maintained:
    2. shall be prepared at the time of the marriage or as soon as possible after the marriage:
    3. shall be in writing;
    4. shall contain,-
      1. a brief description of each present;
      2. the approximate value of the present;
      3. the name of the person who has given the present; and
      4. where the person giving the present is related to the bride or bridegroom, a description of such relationship;
    5. shall be signed by both the bride and the bridegroom.

    Now if there is no record it will very difficult to prove 406 IPC

    Still following questions can be asked:

    If no bills are produced

    Q. You have produced no bills of stridhan articles enumerated in the list?

    If only few bills are there and that too no GST

    Q. You can ask that the bill no are not valid bills as they have no GST payment by jeweler? The wife has to examine jeweler in such case.

    If no date of entrustment is given in FIR

    Q You have not mentioned in yourcomplaint when did you entrusted the said streedhan articles?

    Q. There is no list prepared during marriage that says list of streedhan articles entrusted to bridegroom ?

    If large number of items are part of stridhan by father which she claims heavy items

    Q. you can ask for way bill or transportation reciept?

    If she has not mentioned to whom she has given the articles in FIR

    Q. To whom you have given the entrusted articles?

    When there is no demand back of entrusted article

    Q you have never demanded back the articles?

    Q No mention of date of demand?

    Suggestions:You have never brought the streedhan articles, niether entrusted them and never demanded articles from the accused person.

    To IO.

    Q During interogation of the accused you have not recovered any of the streedhan articles?

    Q. There is no disclosure by the accused during interrogation that they have hidden the stridhan articles and misappropriation?

    Suggestion there is no streedhan article in existence.

    This is a really short strategy in tackling 406, rest again it depends on case to case basis.