Wife's father has recovered & given things forcefully
Law Querier
(Querist) 11 July 2013
This query is : Resolved
The divorce case is pending in family court.Wife’s father has taken the things from husband which given during marriage and given things to husband which taken during marriage forcefully, under threat and without court order and notarised it on agreement forcefully. Is there any right of wife’s father to do this deed in the absence of wife and without court order? What is the punishment for wife’s father for the deed?
ajay sethi
(Expert) 11 July 2013
hope you have retained a copy of the agreement . it will help you in proving that all gifts made by wife family have ben duly returned . you have signed the agreement . proved your boanfides .
prabhakar singh
(Expert) 11 July 2013
No !None has right to receive consent to any kind of agreement under force and coercion.
But the BIG QUESTION IS THAT DID YOU LODGE ANY FIR?
And if you don't have the copy or original agreement you are no where.
Adv Archana Deshmukh
(Expert) 11 July 2013
Police complaint ought to have be filed about the act done by the wife's father with threats and coercion.
Devajyoti Barman
(Expert) 11 July 2013
This is case of criminal intimidation. You can initiate action, if you so wish.
Law Querier
(Querist) 11 July 2013
@That deed happened before 66 days from today.I have not lodged FIR till today. Can I Lodge a FIR in police station now?
prabhakar singh
(Expert) 11 July 2013
What explanation you have for those 66 days delay?
prabhakar singh
(Expert) 11 July 2013
To me even one hours' delay is much more in criminal cases unless you have some reasonable and convincing ground to explain.
Law Querier
(Querist) 11 July 2013
@Sir,You are absolutely right and I accept my faults. But,because of threats given by wife's father, I and my family were afraid very much and not understood really what to do.As one divoce case is pending in court and I didn't want to go in other (criminal) cases at that time because, I was very much fearful those days.
Sudhir Kumar, Advocate
(Expert) 11 July 2013
YOU HAVE NOT SPECIFIED WHICH TYPE OF PROPERTY WAS TAKEN BACK FROM YOU OR RESTORED TO YOU.
please be clear in facts.
It is understood that he has taken his dowry back and (though bride not being legally liable to refund all the presents) and has been gentleman enough to return your gifts to you.
You have agreed so on notorised agreement.
You may better file a criminal case against you that he has forcefully prevented you from commit offense under section 406 of IPC as you never wanted to return the dowry.
Law Querier
(Querist) 11 July 2013
@Mr.Sudhir kumar,
your believing is wrong that I never wanted to return dowry and I have not mentioned about my thought for dowry in my query. The main point of my question is that wife's father has given and taken things and notorised the deed by threats and forcefully, without court order and in absence of wife. Anyway thank you very much all experts for your reply....
Dr. Jyothi Vishwanath
(Expert) 11 July 2013
No court order is required for making such deed. You should infact be happy that all the things are listed. Later there are no chances of the other party making false claims of having given this or that.
So be happy and cool.
Raj Kumar Makkad
(Expert) 11 July 2013
If dowry articles had to be returned by you and the same has been taken back by way of a notarized receipt then where is dispute? The way of snatching or the way of talking may be objectionable but when you have already tolerated it since last 66 days, there is nothing wrong if you keep silence in this matter.
Sudhir Kumar, Advocate
(Expert) 12 July 2013
who will believe that the agreement was without your consent unless you plead that you intended never to return.
Sudhir Kumar, Advocate
(Expert) 12 July 2013
whether you can have the evidence of the notary that he attested the agreement signed before him in duress and threat and whether he will be ready for chose another career, just because you want to create a non-issue.
Such Experiment will weaken you case in divorce matter.
