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Nagraj Thadur   12 May 2018

Recovery of valuables from WIFE

Dear experts...

My wife left me year ago with all my valuables including documents and gold to her parents house and filed false 498A package... I already got a B REPORT that it's a false case.. now I want to recover my valuables...pls guide me how do I get it?

Thank you


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 7 Replies

Vijay Raj Mahajan (Advocate)     13 May 2018

The articles and properties owned by you which are in her possession should be asked to be returned failing which you shall be lodging criminal complaint against her under section 406 IPC. Let a proper legal notice be served upon her.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     13 May 2018

Send a legal notice to your wife. Then file a petition in criminal courts. Whoever commits criminal breach of trust shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

Helping Hand ! (Advocate )     13 May 2018

Originally posted by : Nagraj Thadur
Dear experts...My wife left me year ago with all my valuables including documents and gold to her parents house and filed false 498A package... I already got a B REPORT that it's a false case.. now I want to recover my valuables...pls guide me how do I get it? Thank you

You can file a complaint under Section 406 IPC which is misappropriation of somebody else's property when there is no relationship between you and your wife left.

So first question is, have you both got divorced?

If answer is no.  Then your 406 at best will simply keep hanging or get dismissed eventually.

Only if there is no relationship left between you and your wife on paper, and you got valid divorce decree from family court, then you can go for these things to claim your property back or else no.

Nagraj Thadur   13 May 2018

I have already applied for divorce which is pending for consideration... If it so then why 406 is most commonly put along with 498a? Even before divorce I have seen many wife's have got their valuables under 406...why these not getting DISMISSED?

Ompal Aggarwal (Advocate)     13 May 2018

Case u/s 406 & 498A r not file only for getting backs valuables but also for physically nd mentally harrassment given to spouse and for breach of trust. So returning of valuable to spouse doesnot mean case u/ s 406 be dismissed

Ompal Aggarwal (Advocate)     13 May 2018

Case u/s 406 & 498A r not file only for getting backs valuables but also for physically nd mentally harrassment given to spouse and for breach of trust. So returning of valuable to spouse doesnot mean case u/ s 406 be dismissed

Helping Hand ! (Advocate )     13 May 2018

Unless your marriage dispute is settled your accounts cannot be settled. This much you should be able to understand.  

Without you giving resignation letter to the company / office, your account wont be settled by the office / company. Then they will check how much is due to you from the company. How much company over paid you. What are the bills you showed. Are those valid VAT bills, now GST bills? Only then your account will be settled.

In marriage also the same case. Your marriage should be dissovled only then you can claim your items back. Case you can file.All idiots file. But the case will be left hanging.  Not to be decided until your divorce is settled. You pay alimony to her, you clear off old dues of alimony to her etc.  Then court will decide on this 406 particularly if you have claimed your items back and not alleged something else in your petition.  If your divorce case gets dismissed, all this 406 and any other case you file on your wife will get dismissed along with it or later.  Wives will get their items back under 406. Thatt is altogether different story and that wont apply to you.  Indian laws are made for women. Not for men. RIP.


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