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Case against my wife

(Querist) 28 July 2014 This query is : Resolved 
Dear Team of experts.. Greetings from my side. I will be highly obliged if i can get an advise from your side.

After 6 years of my marriage my wife ran away from my house by taking all articles in my absence. i got to know when i came back from work and surprised to hear from landlord that your wife has shifted your house by saying that i have got transfered. DSP has filed a report but also stated that he cant file FIR as its matter of husband and wife?
Can FIR be registered?

Secondly i got to know now that my wife is adopted child with no legal adoption papers either with her parents or original parents? Can i proceed criminal action??
Devajyoti Barman (Expert) 28 July 2014
No FIR can be lodged if your wife has left you.
For this you can either file suit for divorce or RCR.
Dr J C Vashista (Expert) 29 July 2014
Approach higher police officials and get the FIR registered. If still no FIR is lodged move to the court u/s 156 Cr. PC for directing police to register a FIR.
Collect all information regarding her adoption, if did not get and you have sufficient evidence to prove that she has claimed to be adoptive child, file complaint for cheating, although very difficult to prove.
Contact, consult and engage a local lawyer to guide and advise you properly and proceed in a professional manner.
malipeddi jaggarao (Expert) 29 July 2014
1. I agree with expert Shri Barman that you cannot file an FIR against your wife as she left her house claiming that the articles taken by her are her own.
2. What is the need to rise the issue adaption at this point of time? Is it an arranged marrriage or not? If it is arranged marriage, who represented as the parents of the girl. It appears you are worried that since she does not have papers relating to legal adaption she may not get her share in the matrimonial properties.
What is the reason for leaving the house in your absence?
What do you want? To live with your wife or give divorce? If you really wish to live with your wife, you should not think about the property that would devolve on her in future. According to me, this is the crux of the problem. Better have introspection and change your line of thinking. Show affection towards her, she will come back and live with you.
V R SHROFF (Expert) 29 July 2014
Lodge Missing Complaint// Robbery // invoke sec 91 cr.p.c if you don't know her whereabout.
Any child to marriage?? Do you know where she is now?? Any quarrel/ disputes in last month??
G. ARAVINTHAN (Expert) 29 July 2014
no criminal case can be lodged for shifting house
R.K Nanda (Expert) 29 July 2014
nothing to add more.
Rajendra K Goyal (Expert) 29 July 2014
No FIR can be lodged, agree with the experts.
P. Venu (Expert) 29 July 2014
There are deeper issues. Please come up with the complete facts.
nikhil (Querist) 30 July 2014
thanks atonn for giving advises
Sudhir Kumar, Advocate (Expert) 30 July 2014
agreed with Mr Venu. Please elaborate facts. It is does not happen in a spur of moment. There is a history of discord.
T. Kalaiselvan, Advocate (Expert) 30 July 2014
Yes, certainly there have been a greater issue lingering around for some time and on a right moment she escaped (abandoned)from the author taking away her articles. This is not a crime where a police intervention is required, if you cannot admonish her act, file a divorce case against her to get relieved. Taking adoption is is her right, once she has not cared about you, why do you bother about her activities?, better take advise of a local lawyer too and proceed as per his advise if it suits you.
Biswanath Roy (Expert) 04 August 2014
The query suffers from suppression of material facts, Hence, no reply


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