498a Case
Mudassar Shaikh
(Querist) 28 December 2015
This query is : Resolved
Hi, my wife has filed 498a n other charges against me and my family in March 2015. Chargesheet is filed n case has not yet started also. We are from sunni muslim caste & community. When she went back, she has taken all gold ornaments along wid her even the ones that we have given her. What would be legal way to get our gold items back, if there is any? Along wid this, they are submitting fake bills of so many items which they claim they have given as dowry where as we have not taken anything neither they have given anything to us. Nothing is there in the wedding video/photos. What will be the idle solution to tackle this situation? My family has planned my 2nd marraige for me as case will continue for years and i am looking if it is possible to get the gold ornaments from her back... Please suggest and help...
Sudhir Kumar, Advocate
(Expert) 29 December 2015
"What would be legal way to get our gold items back, if there is any?"
You are probably talking about the gold presented by your family at the time of wedding. This is her property. She is not bound to return the same.
SAINATH DEVALLA
(Expert) 29 December 2015
U R bothered only about the gold and UR parents about UR second marriage and she has filed 498A.U have not mentioned whether U have pronounced talaq?
Devajyoti Barman
(Expert) 29 December 2015
Well, for get your gold items as those are almost impossible to get back as it can not be proved to be yours or she has taken it out illegally.
Similarly do not worry about the fake Bills. The Bills will not proved that you have criminally misappropriated her ornaments.
You can remarry as pending case will not have any impact on your marriage.
Adv. Yogen Kakade
(Expert) 29 December 2015
Hi,
Try and settle the matter out of the court.. Get married again.. live peacefully.. allegations will never end this way.
Rajendra K Goyal
(Expert) 29 December 2015
Normally, it would be very difficult to get back the ornaments. If you have bills in the name of your family members / acceptable proofs of ownership, theft case can be registered by family member if can be proved.
Oppose her claim on the basis of fake bills.
You can marry, if you are not government employee, you can do so without divorce.
Guest
(Expert) 29 December 2015
Conducting a 2nd Marriage with out obtaining Legal Divorce from First Marriage would be an additional Offence in your Case.
