property taken by wife in her possession illegally
Querist :
Anonymous
(Querist) 25 May 2011
This query is : Resolved
Sir/madam,
pls guide me-can i file suit against my wife and her father as they have taken gold ornaments worth rs 1,50,000/-beyond FIR as almirah taken to PS,Alwar,Raj of which key was in possession of my wife and she drew all the ornaments and taken away while I and my father were under police custody u/s 498A. they have given the receipt of the same, bearing sign of wife and her father.police gave them without preparing 'Fard Jabti'report.Two yrs period lapsed.they have been promising to return the same but now they are not returning.I live at Bharatpur,Raj and my wife filed case in Alwar,Raj.Is my father required to file the case instead of me.can it be filed in Bharatpur.Is notice in this regard required.there is only my old father in my family.
Guest
(Expert) 27 May 2011
If you have proof that the ornaments were purchased out of the earnings of your family (other than your wife or her parents) you may first demand attested copy of receipt granted by her from the police even during your present case by bringing the matter to the notice of the judge through your advocate. Thereafter you can take action for recovery of the ornaments.
Querist :
Anonymous
(Querist) 30 May 2011
Dear sir,
Thanks for ur valuable advise.
As my lawer has not filed the application for recovery of excessive gold ornaments till now, a period of appro. 2 yrs lapsed.
may be it due to tfr of 498A file for revision which is in process.he says to file criminal suit for recovery u/s 406 and 420 agst wife and her father by me, taking plea/explanation of delay/period lapsed so far.is there any probability of legal risk to me in doing so,pls necessurily tell me.thanks!
abhishek
(Expert) 31 May 2011
it is not delayed to file an application, as you had sufficient reason with documentary proof
Querist :
Anonymous
(Querist) 31 May 2011
Thanks But can i file case u/s 420 and 406 for excess ornaments taken by her in poseession as it will reduce bargaining power of wife for undue huge amount for settlement.pls advise.
tahnks again !
