Streedan 406

sweetboyzz (Querist) 22 December 2013 This query is : Resolved
wife has deserted the husband some 18 months back. At the time of leaving the house her jewellery which her parents had given during and after her marriage was given to her.no item list was prepared but she had signed a piece of paper stating that she has received her jewellery but the jewellery which the husband has bought for her is with the husband. This paper is witness by her brother and my relative. Both husband and wife din't knew that it is also part of streedan.
1)can she file for 406 and bring police at home and search the house?
2)can the police search husbands place without the search warrent. can she pick up husbands mothers jewellery state that it is hers.
3)what is the procedure? husband is willing to give all the jewellery which he has made for her. husbands mothers jewellery is in locker.
4)can she get the locker sealed by the police?

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T. Kalaiselvan, Advocate (Expert) 22 December 2013
The answers for your:
1)can she file for 406 and bring police at home and search the house?
She can lodge a complaint before the police asking them to direct you to return her property namely 'Streedhana', police will summon you to station by a notice, inquire and may advise/instruct accordingly, they cannot search your premises.
2)can the police search husbands place without the search warrent. can she pick up husbands mothers jewellery state that it is hers.
"NO"
3)what is the procedure? husband is willing to give all the jewellery which he has made for her. husbands mothers jewellery is in locker.
If husband is willing to give her back her jewels, what else is her demand, do not worry about mother's property, it is her own property, police cannot ask her to part with it, why even court cannot order so.
4)can she get the locker sealed by the police?
"NO"

Sudhir Kumar, Advocate (Expert) 23 December 2013
1)can she file for 406 and bring police at home and search the house?

ans : Yes

2)can the police search husbands place without the search warrent. can she pick up husbands mothers jewellery state that it is hers.

ans :Yes

3)what is the procedure? husband is willing to give all the jewellery which he has made for her. husbands mothers jewellery is in locker.

Ans : There is not set procedure. He has to give her a ntoice with details of jwellery taken and left by her and his willingness to hand over remaining one and call upon her to collect the same.

4)can she get the locker sealed by the police?

Ans : Yes

Dr J C Vashista (Expert) 23 December 2013
1)Yes she can file complaint before police for 406 and police will call you for investigation.
2)No the police cannot search husbands place without the search warrent. and can not pick up husbands mothers jewellery without proving that so and so jewellary is that belonging to wife.
3)Investigation to be conducted by police, however when husband is willing to give all the jewellery which he has made for her, no issue remained unsettled and husbands mothers jewellery is in locker is not to be touched upon.
4)She cannot get the locker sealed by the police.