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can i claim jewellery under 406


18-Jul-2024 (In Divorce Law)
I am the complainant and submitted an application in a dowry case (IPC 498A , 406, 34)  to take out the jewellery articles from the joint locker. the court allowed the present application. and accused also accepted in reply that that jewellery of the complainant and also prayed to dismiss the application after 10 days of arguments judge dismissed the application is not maintainable under the provisions of code of criminal procedure, 1973. file new DV Case. Code of criminal procedure deals with
Answers (2)

Answer #1
985 votes
if accused accepted the jewelry items in the 498 case before trial court then, the dismissal order can be challenged in high court and application for giving the articles can be filed before high court by the complainant
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Answer #2
926 votes
For getting Dowry articles back you can file a case under Protection of Women under Domestic Violence Act. The case can be filed before a Magistrate. The DV act provides women for Residence Orders or rent, custody orders for child, protection orders and dowry articles etc.
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