Legal Question in Criminal Law in India

my daughter in law has filed an case against my son regarding divorce and harresment which is fault

allegation.In that particular period she had been to her home town 3 to 4 times where she took some money and gold jewellery of my wife now she has filed an case for divorce..can we file 406 section ipc (criminal case )against her in our state and can u plz even let me know can she transfer the case in her home town. bec my son is already going to her home where she has filed case and i dnt want my wife also to travell.plz help us


Asked on 1/27/11, 9:10 am

2 Answers from Attorneys

NIKHIL CHAUDHARI KHAITAN & JAYAKAR

Hello,

Yes you can file a privant complaint U/s. 406 of I.P.C. But let me tell you that she can also file a false case under Protection of Women from Domestic Violence Act against your son and your family members.

She cannot transfer the case to her state.

Adv. Nikhil Chaudhari

09773114567

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Answered on 1/27/11, 9:26 am
Vishwa Arya Arya & Co.

Your wife may file a complaint with the police for breach of trust if she has good evidence of entrustment of jewellery. If fir is registered she cannot get the case transferred.

If police does not register fir then your wife should file private complaint.

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Answered on 1/27/11, 9:37 am


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