SIMMY (NO) 27 January 2013

How to get just my jewllery back ?

i had filled FIR in 2010 and nothing was happening as husband is staying abroad.nobdy in the family has got PR.there is arrest warrants issued aginst him and passports impounded.that is all.

but my husband fillled for quashment of FIR in 2012 and divorce (i had filed divorce before).
now, the judge asked my husband's lawyer and brothr (he came at the hearing too) to pay Rs 10,000(they pleaded tha he is not working etc but has been staying for the past 6 years in Abroad) as maintenance but in the latest hearing my husband's lawyer asked the judge to dismiss the plea as there is no witness present.

so now i am asked to come by feb and i wud get x party divorce.
M Really not happy with this. Imagine, he could not even pay Rs10,000 and returning my jewllery worth lacks would kill him. i want him to just return my jewellery, how can i do that ??

and i cannot do anything in my divorce case now (i too want divorce from him coz dont want to be associated with a person like him ).he has nothing in india (HE FOOLED ME TO FALL IN LOVE WITH HIM SO I WAS JUST CONCERNED ABOUT HM AND NEVER CHECKED HIS FAMILY'S SATUS.they have nothing in india.)

CAN THe BROTHER WHO CAME DURING THE HEARING BE ASKED TO BE PRESENT AS WITNESS .I just want your advice on what can i do in my case??

can nothing be done just because he is abroad??

PLEASE HELP...

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5 Replies

Chetan Joshi (Advisory/Advocacy) 27 January 2013

Simmy....Seems that you have a 'not know what to do' counsel.....You should move to high court under section 482 Crpc and also file a maintainence under 125crpc mentitioning your jewellery there....

Regards

Chetan(dot)7679(at)gmail(dot)com

1 Like

Guest (Guest) 27 January 2013

Don't go for 482. Nothing will come out of it. The husband has already invoked the inherent power of the HC. What is the possible relief which can be granted to the wife u/s 482 at this stage? 482 is not the pill for every ill. As per your query you just need your jewellery back. In that case you should simply file a case u/s 406 IPC for the return of your istridhan. Wait till February. The process of law takes time to complete.

Ashish Davessar
Advocate
Supreme Court of India

Punjab & Haryana High Court

District Courts, Amritsar & Chandigarh

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Chetan Joshi (Advisory/Advocacy) 27 January 2013

Was the FIR quashed...If the husband has moved to the high court does it take away the right of the other, I have suggested 482 looking at the gross negligence of justice...Yes I agree 406 is a way too....482 is certainly not panacea...

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Guest (Guest) 27 January 2013

482 by husband does not prevent the wife from filing a similar petition in the HC. The point remains, can the petitioner succeed by merely stating this in her arguments? Such laconic arguments sound popular for academic discussions but they do not work in the court. Having regard to the facts of the case, I do not see any failure of justice whatsoever. Justice takes time to be delivered. The backlog of the court cannot be ignored. In the backdrop of the facts mentioned in the query I can say with utmost conviction that a petition u/s 482 preferred by wife will be dismissed in limine.

2 Like

SIMMY (NO) 02 February 2013

Thank you all..

Its like i am waiting for feburaray date to know what next.

and my husband already have put up a quashing of fir that i lodged against him.so that case is already in high court.That i am just not sure how to get just my parents jewellery ..i dnt want istridhan...they can keep dt wid dem..i just want my jewellery ack, that is all..

i have already lodged an fir u/s 498 for which petition by husband has been made in high court.and divorce petition he has withdrwan. I WANTED TO KNOW CAN HIS BROTHER NOT BE CALLED AS HE WAS PRESENT IN ONE HEARING ?