Hemant (govt) 27 July 2013

Wife not returning my personal items

My wife desrted me when i was on duty outside the city. she took away all house hold items including my personal items. she also filed a false 498a/406/34 IPC against me. i filed police complaint against her but no action was taken. then i moved the court for registeration of FIR but the court dismissed the 156(3). my wife took AB from the court and stated that she will return the items. but its been one year she has not returned my stuff. i have led the pre summoning evidence u/s 200 CrPC. i am looking for some judgements where 406 IPC has been attracted on the wife for taking away the husbands items.

Reply Follow

4 Replies

Rajani (Advocate) 28 July 2013

I dont think you need to file any complain under section 406 (criminal breach of trust), as you have not handed over the property to her neither she had any dominion over the property.

Rather you should file complain for theft under section 378

Advocate Ravinder (Advocate/Attorney) 29 July 2013

I disagree with Rajani. Theft will not be applicable as she is not a stranger and she is the legally wedded wife. Criminal breach of trust will only apply.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 29 July 2013

Dear Querist

Theft can be applicable there is no procedure that only stranger can stole the property of things, I completely Disagree with Mr. Ravinder.

Hemant (govt) 29 July 2013

i have filed 156(3) for registeration of FIR u/s 379,406,418,420 of IPC. As i read the bare law all are applicable applicable since the ingredients are all met. She is my wife and when i go out, i leave the entire items under her domain. it concern property, after making a police complaint against me she has proved beyond doubt that she nolonger has coordial realtions with me. above all the factor of trust has been broken. i have read numerous judgements on ingredients of criminal breach of trust. if the same can be applied on a husband which law prevents it to be applied on wife. incase anybody can post certain judgements in this regards, it shall be highly appreciable. the ietems mentioned in my police complaint in no way have any resembalannce to stridhan they are exclusively personal items like passport etc. Regards.