urgent need advise in theft n possession of flat
Querist :
Anonymous
(Querist) 19 January 2011
This query is : Resolved
dear experts
i need all of yours experts advise urgently in the case.
i want to file private compliant before court to take back my belongings and punsihement to my ex-wife.
1. she as filed conjugal rigths suit in civil court (S.D.) and seek injuction order on my flat for shelter i.e. matrimonial house.
2. she got interim injuction order i.e. not to dispossess her and not to sold flat till final dispossal of the case. the order is not for me to enter n use n occupy it.
3. she lock the suit flat after injunction order on it and left. i file an application of using n occupying the flat in year 2008. since till date no order on it.
4. she got remarried in feb 2010 and still kept alive the conjugal rights case, i filed say to dismissed the suit as it not maintainable but still no order.
5. she taken away all belongings of suit flat wihtout my consent and permission which includes my belongings also even she sold out some in scrap.
6. she has not handover my flat peacefully till date as i thought may she after taking her belongings handover flat to me but not yet.
7. she was flungs me into false criminal cases due to which criminal fear i kept away from my flat.
8. i have filed information complaint to police about my belongigns taken away by her but no response to my complaint. i have prepared to file private complaint.
now queris is.
a) after filing of my private complaint in court, will restrict me to enter into my flat which is now kept in lock position by her.
b) police is not helping me in this regards, so i should aske civil court to give me officer to open the door.
c) if i get immediately enter into my flat after breaking the lock after filing complaint in court, would she be prosecute me futher in any false theft cases.
d) is there any chance of filing any false case upon me by her, and if so it would weigh in filing false case upon me by her after all my cases pending in court.
e)i have to wait till court give direction to police to investigate and do punchnama of flat i.e. what is left inside the flat.
f) should i mentioned in my private complaint that i left so n so articles inside the flat and ot which so n so has taken away. i possess the photographs of it, by some person hand over to me while they are taking it away from flat.
g)my entering into my flat by breakings of locks would amount to cause me in any false case or harm me in my cases.
h) as my lawyer says court will not put you in your flat all is you have to do and gets enter and get possession of your flat, as there is no restriction for you to use n occupy it, as it's yours name.
kindly advise me, i m in the confussion that if i filed comlaint to take back only my belongings i m not after her articles let she take it. but for my belongings if i file case it would not restrict me to enter into my flat and doesn't take long time for months & years.
pls. reply my post yours valuable advise would be helped to needy.
thanks & regards
Amit Minocha
(Expert) 19 January 2011
1)get an LC appointed to examine the flat
2) at the time of appointment of LC also seek orders for photographs also,
3) you can be prosecuted by Court.
4) vague question
5) yes you have to wt
6) yes can do so
7) yes it may
8) don't agree
Also move an application seeking disposal of your applications, if rejected go to HC
Querist :
Anonymous
(Querist) 19 January 2011
THANKYOU SIR FOR PROMPT AND VALAUBLE ADVISE.
SIR, LC MEANS LAW COMMISSIONER ?
IT'S CLEAR THAT I SHOULD WAIT FOR SOME MORE TIME TILL THE APPOINTMENT OF LC MADE.
ANY OTHER ADVISE TO CONVINCE THE MAGISTRATE INTO MY PRIVATE CASE U/S 380...
CAN I ALSO PUT PRAYERS THAT PUNCHANAME TO BE DONE BY POLICE IN PRIVATE CASE.
MY ADVOCATE IS NOT TAKING INTEREST TO FILE ANY APPLCIATION ETC...
IS I NEED TO MENTIONED IN WRITTING BEFORE CIVIL COURT THAT I FILED PRIVATE COMPLAINT ON THIS REGARDS.
Ajay Bansal
(Expert) 19 January 2011
See A.I.R. Manuals.
Uma parameswaran
(Expert) 20 January 2011
Give complaint to the concerned police station .If they reluctant to file FIR give copy to higher police authorities and you can also move before the High Court under 482 CrPC.
