Returning of gifted items

Suraj Kumar (Querist) 01 November 2014 This query is : Resolved
1. Wife left matrimonial home.
2. Husband files RCR.
3. In reply wife files 125 CRPC and 24 HMA.
4. Reconciliation failed twice.
5. Husband withdraws RCR.
6. Interim maintenance granted u/s 125 CRPC.
7. High Court stays total amount of interim maintenance.
8. Husband send legal notice to wife either join in his family or to take back all gifts presented at marriage as all the items are in a locked house , items may be stolen or damage or lost due to any unforeseen incident.
9. Wife did not take back the said items.
Question:
a) Can husband send all the items in the custody of local police?
b) If yes, please advise step by step process.
c) If any other options please advice.
d) Is there any effect of legal notice in maintenance case?
e) Could husband wait for mutual divorce or file divorce case on the ground of desertion (as two years passed) and cruelty?

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Devajyoti Barman (Expert) 01 November 2014
1. Yes but police is unlikely to receive the same.
2.NA
3.Keep it under safe custody.
4.yes but not much
5.husband can file such suit now.

Sudhir Kumar, Advocate (Expert) 02 November 2014
a) Can husband send all the items in the custody of local police?

Ans : Agreed with Mr Barman.

b) If yes, please advise step by step process.

Ans : You have already issued notice.

c) If any other options please advice.

Ans : What more could a man of ordinary prudence do.

d) Is there any effect of legal notice in maintenance case?
Ans : No

e) Could husband wait for mutual divorce or file divorce case on the ground of desertion (as two years passed) and cruelty?

Ans :Given material does not lead to any considered view on this aspect.

R.K Nanda (Expert) 02 November 2014
consult local lawyer.

Anirudh (Expert) 02 November 2014
Consult a local lawyer for getting the same reply as already given by the Experts here.

Guest (Expert) 02 November 2014
Consult A Local.Competent,Knowledgeable Senior Advocate to Know how to Proceed Further in the Case.

ajay sethi (Expert) 02 November 2014
agree with experts

Rajendra K Goyal (Expert) 02 November 2014
Consult a local lawyer and discuss all aspects on the basis of case file.

T. Kalaiselvan, Advocate (Expert) 05 November 2014
It is again the same thing that even if you consult a local advocate, he will advise you the same thing, hence decide what to do after reading all the opinions of the experts.

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