• Complaint u/s 498a, 420 and 406 against husband and in laws

My sister filed a complaint against her husband and in laws under section 498a,406 and 420.After six counselling sessions and investigation by investigation officer, FIR has been filed only against her husband that too only under one section 498a although sufficient evidences were presented to SHO to prove all 420,406 and 498a against both husband and in laws.Following evidences were presented to Investigation Officer-
(a) Proof of amount (7 Lakhs) transferred to my father in law bank account before marriage for dowry articles
(b) Voice recording that is capturing threats and derogatory words used by father in law publicly to my father and my sister.
(c) Photograph in which her husband is taking 6 Lakhs in Sagai.
(d) Messages and call details that proves that her husband has fraudulently left her at her paternal home.

Now our questions are:

1.How can she recover her dowry articles and stri dhan when husband & in-laws have not been booked under section 406 in FIR?
2. How strong is 498a against her husband? Is impotency covered under this section?
3. Both in laws and husband are accused but no FIR is lodged against her in laws.Why? Is there a legal procedure to escalate it for inclusion of other two sections (420 & 406)?
4.Is it possible that the other sections (406, 420) can be charged against husband & in-laws later in the court after providing sufficient evidences to court?
5. How much maintenance amount she can claim provided her husband's annual salary is 
Rs. 15 lacs per annum (approx. 85,000 per month)
Asked 1 year ago in Family Law from Mohali, Punjab
Religion: Hindu
1) you do have evidence of continuous  acts of cruelty by husband and in laws to fall within ambit of section 498A 

2) investigating officer must not have been convinced of the evidence against your in laws . Hence had booked only your husband under section 498A 

3) for claiming maintenance you have to file separate application for maintenance . Court can award around one third of husband income as maintenance 

4) if husband is impotent you can lodge 498A case against your husband 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1.How can she recover her dowry articles and stri dhan when husband & in-laws have not been booked under section 406 in FIR?

The police appear to have been influenced by husband's side hence they have not slapped section 406 IPC for recovery of her stridhan articles under breach of trust offence.  You may approach court with a petition u/s 156(3) seeking direction to police to investigate and initiate necessary action under section 406  IPC too. 





2. How strong is 498a against her husband? Is impotency covered under this section?

498a is for the offences of cruelty by husband on her.  For impotency, you may include section 420 too in the above private complaint.




3. Both in laws and husband are accused but no FIR is lodged against her in laws.Why? Is there a legal procedure to escalate it for inclusion of other two sections (420 & 406)?
 
Yes, you can proceed as suggested above. 




4.Is it possible that the other sections (406, 420) can be charged against husband & in-laws later in the court after providing sufficient evidences to court?

Yes, you can move an application before court through PP to re-investigate the issue on the lines stated under the provisions of section 173(8) cr.p.c. 





5. How much maintenance amount she can claim provided her husband's annual salary is 
Rs. 15 lacs per annum (approx. 85,000 per month)

For seeking maintenance you may have to file a separate petition under section 125 cr.p.c  There is no yard stick to measure the quantum of maintenance, but generally it can be to an extent of 1/3rd of his take home salary.

T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0
Hi, the police has to file a FIR under seciton 498/A and section 3 & 4 of dowry prohibition act.

2. If the police has lodged a FIR only in 498/A then it is better you have to approach higher official to FIR has only registered under section 3 & 4 of the Dowry prohibition act.

3. if the police has fail to register the complaint under section  3 & 4 of dowry prohibition act then you have to lodge a private complaint before the magistrate under section 200 of the Criminal Procedure Code.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Your sister can move the HC for addition of s.406 in the FIR which has been omitted. This apart, she can also seek the registration of FIR against her in-laws. The HC will issue the necessary directions.

2. The strength or lack of it of 498A case against her husband will be tested in the court. Impotency is not covered under it.

3. The court can order the addition of other sections at the subsequent stage if there is evidence of the culpability of the accused thereunder.

4. She can claim what is sufficient for her to lead the lifestyle enjoyed by her before separation, but it is for the court to decide the quantum. Ordinarily, it is 1/3rd of his salary.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. ASK THE COURT TO ORDER RE-INVESTIGATION SO THIS SECTION MAY BE ADDED. You may bring another complaint stating this specific charge u/s 406 crpc.
2. Impotency does not come under 498A case. 498A conviction rate in India is mere 8%.
3. Yes, apply to court for re investigation. You can move high court as well against shoddy investigation.
4. Yes, there is provision of addition of charge.
5. 1/3 to 1/5th of her husband's income is liable for maintenance.
Devajyoti Barman
Advocate, Kolkata
5153 Answers
54 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5153 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0