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Indian (Owner)     18 October 2023

12 lakhs cash theft by my wife and involvement of her sister in the conspiracy

Respected Members,

My wife has stolen 12 lakhs cash from locker from my bedroom, i have enough proofs of her involvement, she has sent my locker cash image to her sister on whatsapp and also a voice note was sent by my wife to her sister on whatsapp saying "there is cash in the locker, dont know how much, but there is cash" also her sister asked on whastapp to my wife, is locker safe, and my wife replied yes.

my locker key was lost since last few weeks and i found it in my wife's purse, this made me check my locker, and found her involvement with her sister.

i have already visited my local police station but they are not taking my complaint, i have submitted a written complaint already on 3rd day with pendrive which as all screen shot and voice note as evidence.

since the day of theft i have not allowed my wife to enter my home, her phone which is in my name is with me and also sim card in my name also with me, all her stuff is with me, i will not take her back and want to proceed for divorce.

i fear she will file false cases on me and my family members, like 498a, DV

need your help, what should i do, police has not taken any action on cash theft, should i visit CP office ?



Learning

 9 Replies

T. Kalaiselvan, Advocate (Advocate)     19 October 2023

If police is not entertaining your complaint you may apoproach judicial magistrate court with a petition under section156(3) crp.c. seeking direction to concerned police to register FIR and take proper legal action as per law  on the complaint pending before them.

Sudhir Kumar, Advocate (Advocate)     19 October 2023

what do you mean that her "stuff " is with you.

 

I fear you have sown of non-bailable case against you.  Please elaborate.

 

You have also not specified as to what / why was tha money in house.  You have also not stated as to how you come to the conclusion of a figure of Rs 12Lakh.

Real Soul.... (LEGAL)     19 October 2023

Just that is not going to help you anyways, instead you may trouble the trouble. It is better to amicably solve the problem and if you want to divorce her just settle the terms and get consent divorce or open the gateway for multiple court cases.

Sudhir Kumar, Advocate (Advocate)     22 October 2023

I repeat

 

what do you mean that her "stuff " is with you.
 

P. Venu (Advocate)     23 October 2023

Admittedly, there is are deeper issues between you and your wife. The allegation of theft is the aftermath. The facts posted are too embellished that any meaningful suggestion is impossible.

ssr767 Athota   02 November 2023

sir police wont interfere with family issues its rule they say its criminal case 

T. Kalaiselvan, Advocate (Advocate)     03 November 2023

You were advised to approach judicial magistrate court within your residential jurisdiction with a complaint under section 156(3) cr.p.c. seeking direction to the concerned police to initiate legal action on your complaint.

You may consult a local advocate and proceed 

LCI Thought Leader Adv Harsh Malhotra (Adv)     10 November 2023

  • The police have not yet responded to the husband's complaint, so he should definitely escalate the matter by writing a letter giving the substance of the complaint  jurisdictional DCP/SP as required under section 154(3) of CrPC along with a copy of first information given to the concerned police station . He should have all of the required paperwork and evidence on hand. If the husband is concerned that his wife will undoubtedly bring a false case against him and his family, after the complaint under section 498A is filed he should apply for an anticipatory bail.
  • If after the submission of complaint to DCP/SP, no action is taken then he can file a complaint under section 156(3) CrPc with a local Magistrate Court with a prayer to direct the local police station to register FIR.
  • In criminal cases mover get lot of advantage hence filing file further complaints about other offences or intended offences will be of great help. Thereafter, the false complaint filed by wife under section 498A or other sections of IPC would be viewed as retaliatory act on the part of the wife.
  • If the husband discovers that his wife is criminally conspiring against him and his family members, he may file a criminal case under Sections 120A and 120B of the IPC. Criminal conspiracy is considered a criminal offence under Sections 120A and 120B, which also specify the appropriate punishment.
  • The husband may also bring a defamation claim under Section 500 of the IPC, alleging that his wife is attempting to harm his and his family's reputation by levelling unfounded allegations.
  • If a wife threatens her husband or his family, a counterclaim for criminal intimidation under Section 506 of the IPC may be made.
  • The Supreme Court ruled in a case that if a wife falsely accuses her husband of domestic violence, this constitutes cruelty and is a legal basis for divorce. In the current case, the husband requested a divorce, claiming that the wife had wrongfully accused him and his family members of being involved in a domestic violence case.

Sudhir Kumar, Advocate (Advocate)     22 November 2023

Originally posted by : ssr767 Athota

sir police wont interfere with family issues its rule they say its criminal case 

 

 

why do you feel so.  He is not sharing full facts with the forum and not even replying relevant questions.


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