Please help me experts it is verymuch needful
Ajay Kumar Reddy
(Querist) 18 September 2013
This query is : Resolved
Sir,
In my case, I was applied divorce case. At that time I have gone to my parents house, so at that time my ex wife broken my house lock and entered in my house. I asked to give me my valuable items. But she denied my valuable items like TV, Fridge, Washing Machine, Sofa Set, Gas Cylinder etc. (Which I have purchased) and my papers like Mark-sheet, my official file, My Income Tax Paper. In court I have applied case under section IPC 406 on CRPC 200 as a complaint case. In that case when I have given the application of CRPC 91 with affidavit that she has my all documents and all items which is enclosed with my plaintiff. She has given the answer of that letter that I have taken back everything with affidavit. After all evidence, I have applied one application under sec. 340CRPC against her. At present i got the divorce from April 2010.
JMFC has given the order on April 2012 and Judge acquittal her, in the judgement it has written that all my items alongwith her in that house. She was my wife so she can use my all items. Honourable judge has also written that i or she has not produced any receipt of the items. In my plaintiff I have given the list of all items and in that items i have also given that receipt of purchase is that file, When Judge is admitted that items are alongwith her then but naturally my receipt also alongwith her. Honourable Judge has not decided my 340CRPC application. Then I have gone for appeal under sec 372 (2) CRPC, Now appeal is addmited by session court. My Qu. are following:-
1. I want that session court should decide the case first. Shall i can give the any application to Session court that please decide my 340CRPC application.
2. If i can give the application to court then in which section i will give the application.
3. I want my paper ( my driving licence, My mark sheet, My RC book of my Car and Motor cycle and some official documents) back as early as possible, so how i can get back it? weather i can give the application then court will give the order so under what section i can apply? i will get relief.
4. I cant understand one thing if husband will deny to return back the stridhan the he will get punishment. But why wife will not get punishment,it has proved that all my items alongwith her. Please tell me sir, how i will get relief?
5. If any man give the false affidavit then he will get punishment, but when i have given the 340CRPC application then court is totally silent on 340CRPC application. Not a single line has written on judgement about 340CRPC?
At present she has occupied my house and all my items also, Please help me how i can proceed. Please don't tell that you contact yours counsel (Lawyer). We are coming when we are totally dis hoped. So please reply me all experts.
Regards,
Ajay Kumar Reddy
ajay sethi
(Expert) 18 September 2013
unfortunately courts generally regard the wife as the victim and husband as the culprit .
as she is your wife she had right to stay in shared household and use the washing machine TV and other items .
you have stated that you are the owner of the house . you can go and stay in said flat unless there is an injunction granted restraining you from entering said flat .
you have stated that she has all your personal belongings , your mark sheets with her . she has denied the sameon oath . iin your divorce case your lawyer must have corss examined her and tested veracity of her staments on oath .
it is necessary to peruse the pleadings , orders passed by court to advise further .
R.K Nanda
(Expert) 18 September 2013
meet lawyer personally.
V R SHROFF
(Expert) 18 September 2013
Mr Reddy,
Once the matter in court, it all depends on Witnesses evidence and how Adv argue it out.
Rajendra K Goyal
(Expert) 18 September 2013
Well advised by the experts, nothing more to add.
