Withholding my personal belongings and certificates
rini
(Querist) 08 February 2015
This query is : Resolved
Respected Sir/Madam,
I am 27 years old and was married on 22 May 2014,and I am 6 months old pregnant,since the day I was married my inlaws and my husband has been very cruel and cold hearted.Demands for dowry and other materialistic possessions has been growing day by day,since the day doctor has confirmed my pregnancy my husband has not bothered to know how I am doing nor for the growing baby,he is very irresponsible.Know my inlaws and my husband do not want me to work,right now I am in my mothers home,even though I am not there they are torturing me by witholding my certificates books and clothes.Even though my family approached my them asking them to give me my clothes and certificates they have refused and have sent me a fake lawyer notice threatening me to come back.I do not want to go back to them,but I need my personal belongings and certificates as soon as possible.So my question is can my lawyer send them a notice to hand over the above things to me,as soon as possible,will they respond to the lawyer notice,if not should i lodge a FIR against my husband and his family members.Does the court have any such power? Please Suggest a way to get all my things back.
ROHIT SHARMA
(Expert) 08 February 2015
Madame Rini,
1. In such situation if you do not want to go back to your matrimonial home because you fear infliction of mental torture by your husband and in laws as for like demanding dowry then in that case you should think on the lines of filing a complaint against them u/s 12 of the Protection of Women from Domestic Violence Act, 2005 before the J.M.F.C.court under whose jurisdiction you reside. Alternatively you can also file a police complaint at the nearest police station where you reside alleging mental cruelty and demands of dowry which is an offence u/s 498-A of I.P.C and s. 3 of the Prohibition of Dowry Act. You can also allege in your complaint that they are not retuning your streedhan and your academic certificates and your clothes and charges u/s 406 I.P.C. can also be framed against them.
2. Contact your advocate and he will be able to do all that is needful.
Rajendra K Goyal
(Expert) 09 February 2015
File police complaint for cruelty, dowry demand and withholding of your books and certificates.
May move to court for interim maintenance.
Consult local lawyer and proceed.
You can file cases at your paternal place.
