Ponarumugam (Executive) 07 May 2021

Police enquiry

Dear Sir/Madam,

In my matrimonial case, my wife died due to Corona and I got the order copy as "Abated:" from family court on October 2020. Now my Mother in Law files a complaint in Police station and asking to return the articles of her daughter. I wise to state that I don't have any articles and now in police station they are doing panchayat and asking me to pay Rs. 15,00,000/- or else they will put me under Non-Bailable Section.

I wish to know is there any Non-Bailable section against me. Does the court or police have the right to issue non bailable warrant.

Please guide me.

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7 Replies

Dr J C Vashista (Advocate) 07 May 2021

She might have filed police complaint under section 498 A of the Indian Penal Act, 1860 ?

Sankaranarayanan (Advocate) 07 May 2021

Better to consult local lawyer and act accordingly

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 07 May 2021

1. There is no such thing as "non bailable section" for not returning any type of articles belonging to your late wife. Since Divorce Decree was not pronounced, you will remain as legal Husband of deceased Wife and also her Legal Heir.

2. Take help of local Criminal Lawyer to answer the Police or other authorities. Since Wife died of natural causes, Mother-in-Law has no legal jurisdiction to file any type of complaint against you.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Pradipta Nath (Advocate) 07 May 2021

What is the Medical Post Mortem Report saying?

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 07 May 2021

Whether your wife was living with you when she passed away due to Corona?
If she was not living with you, and there is a court case pending in Family Court, how come the matter of jewellery is raked up now. Was it part of the Civil Case pending in Family Court?
Returning or not returning of jewellery of a Wife on separation is a matter of civil dispute. How come Police even entertained the complaint and started Panchayat demanding or threatening you with some non-bailable section case if you do not pay a certain amount.
Police have no jurisdiction or powers to conduct such Panchayats. If at all they take that there was a criminal offense on your part, they can only file a charge sheet in the Criminal Court

Therefore, please do contact a local capable and reliable Lawyer, explain all facts duly showing the relevant documents and through him handle the Police Case etc.

T. Kalaiselvan, Advocate (Advocate) 07 May 2021

The police cannot threaten you based on the complaint given by your wife's parents.

If you have not been legally divorced, you still remain as her husband then you will be the legal heir or successor in interest to your deceased wife, hence even if you possess any proeprty of your deceased wife, it belongs to you as her legal heir.

You may issue a legal notice to the police about this through your lawyer, if the police is still insisting on registering FIR, you may first obtain anticipatory bail and then proceed to high court with a quash petition seeking to quash the FIR on the same grounds.

Usually non bailable warrants will be issued only by court and not by police, the police may register FIR under the sections of law pertaining to the charges falling in non bailable offences.