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(Querist) 24 August 2009 This query is : Resolved 
Respected Sir ,

My marraige was solmnised on 22/02/2004.The marriage was consumed and a female baby was born on 24/12/2004.My wife left me on 22/08/2005due to some petty quarrel on the issue that I can not keep my self away from my dependent parent and brother.

For this reason,she filed false cases u/s 498A under instigation from my inlaws and thereafter she filed maintenance u/s 125 and so many police complaints.

In spite of that I always tried to repair the relationship.I have arranged family councilings,send relatives to their home but I did not find any positive result.

Thereafter I have a filed restitution of conjugal rights but wife filed a maintenance case for harrasing me .

Now , four cases are pending as follws :

1) 498A since Jan. 2006 :- charged has been framed but no evidence has been produed

2) 125 since July , 2006 :- I am paying interim maintenace from august , 2006 onwards.The case is pending at evedence stage .

3)Restitution of Conjugal Rights since Dec.2006 :- The case is admited but proceedings are deferred till disposal of the following case filed by the wife.

4) Maintenance under Hindu Marriage Act since Jan , 2007 :- Although I am paying maintenance under criminal court , she has filed maintence under HMA and the case is pending at evedence stage .

Now , the relationship is no more living , I would say it "DEAD" and I am 100% failure in repairing. I am suffering since last 5 years .

So , I want to give back all her belongings which are occupying at my flat.

I am following my in-laws & wife :- when they called me at police station , I attended the Police Station; when police did not take any action due to prima facie false allegation , they approached to court and I am giving attendence in court at the cost of my employment ; when they asked for monthly maintenance ,I started paying maintenance; now they are asking for a lump-sum payment and I gave my consent for lump sum payment . Now they are not responding since last one year.

After leaving her matrimonial home , my in-laws asked for return of sridhan during so many times . I always replied them to come through proper channel for taking away her sridhan . Now they are silent.

I did my best for purchase of peace but I I found no remeady.

Now I am adamand to disolve my marriage but cases are adjourned due to non-fuctioning of court , sometimes advocates are busy , sometimes petitioner is absent .So legally marriage can not be dissolved.I have not filed divorce case .

For escaping my parents from death , I shifted to my new flat two months ago and all her belongings are kept in my old flat.

Please suggest me what should be the proper way to return her sridhan.

Should I hired a lorry for despatching her belongings to her destination ? I haver not taken any cash . All domestic items were gifted.

May I hope to get much expected reply .

sanjeev murthy desai (Expert) 24 August 2009

File a application in the family court for stating that respondent left out her stridhan at marital home and so Hon;le court please issue the direction to the respondent to take her property from the petitioner home.

sanjeev desai
DIPAK KUMAR GUPTA (Querist) 26 August 2009
Thank you very much Sir ,

I will do in accordance with your guidelines .

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