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498a_divorce (HR)     23 March 2015

Pls help me

Dear Experts

Need your advice.

Wife registered 498a - FIR,DV maintenance. Husband filed Divorce case.

 

Meanwhile wife entered husband's house  and took passport and important Documents. 

How to get back passport and other Certificates from her. She is still husband's house (she is alone)

Please help me urgently :( without passport i cannot go to USA planned for sometime later this year. 




Learning

 3 Replies

Q Slinger (NA)     23 March 2015

Lodge a police complaint that your wife is illegally withholding your documents and that you fear that she will soon destroy them and hence require their assistance.

Do not tell them about your travel plans.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     24 March 2015

Sir, Take police assistance and recover your documents .... Take police along with a lady constable to your house and get all the documents .... Regards Kapil Chandna Adv 9899011450

498a_divorce (HR)     24 March 2015

Kapil Sir,

 

We went through local police S.I and one SSI along with my mother. When we enter into the house, we understand that our bedroom door unlocked and all are the main documents including my school certificates,college certificates, experience certificates, passport and jewels everything. SI and SSI both are know this very well. When we asked to lodge complaint as "theft" they are refusing to lodge and convince us. Instead, they suggested to lodge a missing complaint. 

Everyone knows very well that she took all those documents deliberately. But don't know why police not co operating. This incident happened yesterday. Interestingly,  From this morning onwards police called so many times and asked me to not force anyone to file complaint as "theft". Again i replied them " I need my document not anymore - if she is return back then no issue - i will ready to withdraw my complaint - if she is not ready to return back then please lodge the complaint as Theft" -- this is what i told local police and they said they will come back .

 

Now if police knows very well that she took everything ( as she only live that house for the past 2,3 months), why they refused to lodge complaint as theft and forced us to give missing complaint.


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