How to take basic articles from wife's possession.

Kanthi Vijay Kumar (Querist) 25 August 2021 This query is : Resolved
I would like to post that wife lodged police complaint against husband under sc 498-A of IPC. Wife influenced police and sent judicial custody. Husband got bail and released. Then police instructed husband not to go hohis house so followed. But basic things like cloths, Laptop, phone and other impt article's are not allowing to take.
He approached police and submitted complaint about to handover basic articles but wife not turned and in reaction filed divorce OP.
How to take basic articles.
Whether file IA in FCOP or any alternative measure under IPC.
Please advice.

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Quick Summary

If you're a husband who has been prevented from accessing your home and retrieving personal belongings like clothes, a laptop, or phone after a police complaint by your wife, there are legal avenues available. You can approach the jurisdictional Magistrate or file an application in the court, potentially under section 156(3) of the Cr.P.C., to direct the police to take action. It's also advisable to consult with a lawyer to discuss filing an interim application (IA) in your divorce proceedings or exploring other measures under the IPC.

Dr J C Vashista (Expert) 26 August 2021
After passing Supreme Court judgment in Arnesh Kumar Vs. State of Bihar an accused/ husband can not be sent to jail on a complaint under section 498A IPC, hence there is no question of applying / grant of bail.
Consult your lawyer if facts/ circumstances do vary.

P. Venu (Expert) 26 August 2021
"he approached the Police' How? Was any complaint filed? You have the option to approach the jurisdictional Magistrate.

T. Kalaiselvan, Advocate (Expert) 28 August 2021
The police cannot restrict you to visit your house without an order by court forbidding you from entering into your house.
If the police is stopping you from entering you into your house, especially if you had requested them to allow you to take your articles lying in that house, without any authority, you may make a complaint against the police with the higher police officer, if the higher police officer also turns a deaf ear, you may approach judicial magistrate court with an application under section 156(3) cr.p.c. seeing direction of the magistrate to the concerned police to take proper action against your complaint in this regard.

Sudhir Kumar, Advocate (Expert) 22 November 2021
file application in the court as you are being deprived right to life during bail and cruelty practiced upon you.

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