Senthil kumar (Recruitment) 25 October 2014

Demanding my properties from ex-wife

Dear Sir,

I have just filed a divorce petition against my wife,since she filed a false dowry harrassment case against me and my family and mental cruelty against me.

i spent sleepless nights last year when they filed the case and was mentally upset,.

myself and my ex-wife was staying together in a rented apartment but due to the complaint , the police authorities asked me to stay with my father in my native so i left all my belongings in my rented house and left.

the police found the dowry harrassment case as false and asked them to leave last year,while leaving ,they went with couple of my belongings.

I sufferred because of this and spent huge money because they wantedly damaged the house so i had to pay the owner about 30,000 rupees along with the 2 month rent.

i would like to know whether i can send a legal notice threatening them to return the cash and other belongings?

if there is a possibility what are all the sections i can cover?

Please help, i am totally broken.

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4 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 25 October 2014

You can file petition in District court u/s 144 CrPC with all police reports. The district judge will pass the necessary order and direct the police accordingly.

Please do this in-person (Without lawyer) because most of the lawyers are corrupted.

Please file Speedy proceedings of your divorce with Article 226 and and 21 (b) of HMA else the case will drag for life long. The sample petitions are their in my links. Good Luck!

Please read each of my posts carefully in the following links.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Tajobsindia (Senior Partner ) 25 October 2014

@ Author,

1. No. because at the time of leaving rented place neither you took signed – stamped list of your belongings being left in safe custody of co-tenant nor later you tried to recover them via sources and finally on date last year when she left tenancy you have not even lodged damages – theft general diary report and now waking up.

2. Remedies are there for vigilante (litigants) and excuses not to know law is not a justifiable alibi.

Reasoning:
When police said to leave and live away from tenanted shared household, immediately you should have asked them to give signed - stamped receiving on your list of personal belongings that you were leaving behind on account of advice received in maintaining public tranquility from police on account of some complaint by wife before local police. Secondly last year when she left and you came to know of damages to tenancy property as well as alleged theft of few of your belongings that earlier you left behind you could have then and there atleast lodged general diary complaint with prayer for help from jurisdiction police. Now if you try then all these questions would be tough to answer from your side is my view. And plea of marital insanity (disturbed mind) is not an excuse being undertaken at such belated stage is also my view.

[Last reply]

Tajobsindia (Senior Partner ) 25 October 2014

Originally posted by : Rocky Smith
	You can file petition in District court u/s 144 CrPC with all police reports. The district judge will pass the necessary order and direct the police accordingly. Please do this in-person (Without lawyer) because most of the lawyers are corrupted. XXX

S. 144 CrPC are pleneary powers. Action under this section is ANTICIPATORY, that is, it is utilized to restrict CERTAIN ACTIONS EVEN BEFORE THEY ACTUALLY OCCUR. Anticipatory restrictions are imposed generally in cases of emergency, WHERE THERE IS AN APPREHENDED DANGER OF SOME EVENT that has the potential to cause major public nuisance or damage to public tranquility. This queriest has already paid damages to landlord and making a claim that he has lost his belongings too in PAST. His wife does not live there IN PRESENT. So what is he 'anticipating' by your advice by invoking S. 144 CrPC leave aside your faulty advice to this queriest? And by S. 144 CrPC this queriest can claim damages of Rs. 30000/- from his wife and recover his belongings too? Does S. 144 CrPC has such built-in provisions at all ?

Kindly donot suggest - mention Section of Law in public forum(s) whose special knowledge you don't even have. And then you go on to claim that Advocates are corrupt! Interesting advice by you to this person.