Naveen S 11 March 2016

Unwillingly possessing my belongings, education certificates

I have filed HMOP case on January 2014 and her side argument is in pending to decide on the Judgement. As usually She has misused the women's law against me & my family. She has left almost 2 years before and suddenly occupied my house with her brother on August 2015 and I was forced to leave my house without my belongings. I have filed a complaint against her & her brother on the day at local station. They refused to take the complaint and after a lot of struggle. Local Station has accepted my complaint and provided me a CSR against her brother who is holding my belongings. I have got Madras HC direction against him as well. Local Police Station is not helping me to get my belongings back (Education Certificates, Driving License, Passport, etc.. I have only one PAN card with me.) instead forcing me to withdraw my complaint. I have been facing their mental torture for almost 3 years. I need my things & documents back. Please can you advice me on this. Even after HC Direction, I'm not getting any kind of justice. What should I do?

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4 Replies

saravanan s (legal advisor) 11 March 2016

Is the house on your name or your parents name.what direction you got through the court.kindly give details

KS Johal 12 March 2016

Further information is required.

Naveen S 12 March 2016

Hi Saravanan Sir - It's a rental house. After she entered into that house, I have informed Landlord and stopped paying the rent. Cancelled the Rental Agreement. Landlord approached her and made her to vacate that house. She had vacated that house and moved somewhere but she took all my belongings with her. Landlord didn't initimate me that she is vacating the house. I believe suddenly one day, She & her brother took everything and vacated. I came to know from my relative near my house that Flat was completely empty and Landlord taken the position of the house.

When She & her brother was there, I went to collect my things. They didn't allow me inside and threatened that they will burn my education certificates, DL, & Passport If try to open the grill door. I have filed a compliant stating the same and got CSR then got HC Direction to take actions against them and recover my belongings. Police is not actually helping to resolve this issue. Police said like "It's matrimonial issue. We can't do anything. If someone else done this, we could have beaten them and get your stuffs."

Is it true that Police can't take action if they are intentionally giving mentally torture by taking all their belongings? I don't know how to get my things back.

saravanan s (legal advisor) 12 March 2016

since you had cancelled the agreement which you made with the landlord he is right in evicting your wife from the premises. Now since your wife and bil had taken all your possession with them without your consent you can file a theft case on them