normalcitizen (support) 31 December 2014

Dv:wife took mils mobile &not returning inspite offering new

Subject : Wife filed DV Case after leaving husband for 1 year and Husband wants to take back his mom's Stridhan from wife..which she took away with her. Husband is ready to give back all her belongings...

Dear Savouris,

Please can you help me with following query :-

1. Wife left husband home and then after 1 year filed Domestic Violence case.
2. Actually, while leaving home she took MIL's cell phone.

3. Now, husband filed application in court saying "need to get back stridhan of his Mom which Wife has taken."

4.  Husband has not mention any section.. Husband ageed that she can take back her own mobile or husband is ready to give brand new mobile.   (actually, Husband's Mom's cell was having bigger screen and latest model that time. Wife's was small screen and old one.. so wife requested MIL to give for some time... and then if wife likes she will take brand new,,, )

5. Now, Wife has replied that this is invalid and not acceptable in DV case. As MIL is not party in case also, so this is invalid application.   also, wife says there is no provision in DV case to return such thing.

Now, what is way out....   That mobile was my Husband's Mom's Gift (Marriage anniversary) ...so that is having lot of emotional value... not monetary value... Husband can not let go that mobile with her... Husband want that back anyhow...

Husband submitted bill, and purchase details which are prior to marriage... and snaps of Husband's Mom after gifting that to her.

Husband didn't wanted to make so much noise of this thing, as He took care of Wife... saying Husband is ready to give brand new mobile costing more than current one... or if Wife wants she can also take back her phone as well.

So, please can you help with waht is best way... now, Husband don't care filing criminal case also.. as He did best to solve matter ambically... but Wife is showing her Power EGO and softcorner for ladies given in Indian system... for no reason.. (her natural instincts)

Guys... Please , help with pointers/suggestion ... this is very much emotional factor... hence can not let go...
(Actually, Husband never celebrated Parents marriage anniversary....that was first time, all family got to know parents marriage date and celebrated as first Gift.... )

Thanks a ton for your suggestion...

Thanks,

GuiltyForBeingIndianMale

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3 Replies

(Guest)

Jokes apart, ask wife to give the phone back in magistrate court where the DV case is running. You'll get it back.

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normalcitizen (support) 31 December 2014

Liked Humour Sir... :) .. kuduos...

thanks a lot... made some smile by seeing this... which is also much needed thing in this Stress...

Somehow, wife replied in say that there is no provision in DV act that, applicant can ask anything back for MIL and this application is not at all maintainable.. as MIL is also not in accused list...

husband has attached mobile bill wihch has proper valid details of seller, mobiles IMEI no .. mobile descripttion.. etc.

Magistrate will ask ... under what clause, what section and any citation or reference ...

its just one human request... that husband is returning all her things (100%) ...and she should return MIL's. on top of that, I am giving her brand new phone, so that she will not feel heat, that we did any injustice...

Guys,..something which I can put in court...that will do trick... I don't want to waste energy on fighting and adding delay in case... I want.. Live and Let Live...

Please, any tips/tricks...

N R Dash.. (Advocate) 05 January 2015

There is no short-cut in judicial system. Some laid-down procedures need to be followed and law cant work on your way. Just request the Magistrate to exercise his discretion.

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