• 498a/406

My sister has filed for maintenance against her husband with whom she has spent only a few months. There is no chance of the marriage being saved -  We have also filed 498A/406 to recover her streedhan articles. Car was given to him in marriage in his name. But I have cash transfer receipt  from my bank account for the CAR. At time of PC, he furnished false documents of selling the Car and got bail. Later we found that CAR is still in his name and chargesheet is prepared. Also police did not furnished those forged documents with the chargesheet. What can be done to recover the CAR or money for the same. Thanks in advance.
Asked 1 year ago in Family Law from Jaipur, Rajasthan
Religion: Hindu
If the police is not including the car in the items to be recovered under section 406 IPC, wait for the charge sheet to be filed by the police before the court and after knowing the details you may submit a petition as a defacto complainant ti direct the police to reinvestigate the case and to include the car in the items to be recovered on the basis of the documentary evidences provided by you. 
Your advocate will be able to guide you with the procedures to be observed in this regard.
T Kalaiselvan
Advocate, Vellore
15247 Answers
139 Consultations
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Do I need to file separate petition against it for reinvestigation ? He has also filed divorce petition. Can I move section 27 application of HMA for stridhan recovery ? Kindly povide me elaborative answers. Also let me know if I can get copy of those forged documents from police investigation or from police case diary.

If you want reinvestigation, you have to file a separate petition before the trial court.
You can even claim the car by filing petition us 27 of HMA in that divorce case.
You can file an application under RTI act and get the copies.
T Kalaiselvan
Advocate, Vellore
15247 Answers
139 Consultations
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1. Those things are as good lost for ever and you ae unlikely get back the same.
2. If during trial you can prove the documents to be forged and the tortures perpetrated upon the complainant then he or the in laws may be convicted of the offences u/s 498A. 406 IPC.
3. Since charge sheet is submitted focus on trial and try to convict the culprits.
Devajyoti Barman
Advocate, Kolkata
5837 Answers
63 Consultations
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1) section 173(8) of criminal procedure code empowers the court to direct the police to make  re investigation

2) SC has held that under section 173(8) of Criminal Procedure Code,  Law does not mandate taking of prior permission from the Magistrate for further investigation - Further investigation can be done even after filing of charge sheet - It is a statutory right of the police -

3) if husband has filed for divorce wife can in her written statement mention that streedhan is in her husband custody and seek recovery of her streedhan in husband possession 

 
Ajay Sethi
Advocate, Mumbai
24683 Answers
1323 Consultations
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1. The bail was obtained on the basis of false documents. So you can challenge in a higher court the bail granted to him, which can then cancel it.

2. You can file a separate criminal case against him on your own if the police has not furnished the complete set of documents.

3. Reinvestigation cannot be ordered by the court unless there are compelling reasons to do so. 

4. Section 27 of HMA is not for recovery of istridhan. 

5. It is your right to get a copy of the all the documents which the police has filed in the court. You can complaint to the court if these are not supplied to you.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0

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