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(Guest)

Custody of my things in my wife

Dear Experts,

I have a query for you all. Pls guide me.

I am married and is having an ongoing matrimonial dispute with my wife. Currently, my wife is staying in Haryana and me in Punjab, because i came here in Punjab around 40 days back because of my father's sudden demise. He passed away due to tensions created by my wife in house. We (me and wife) were staying together in Haryana till 40 days back. 

Now, after my father's sudden death she had put false dowry and Domestic voilence complaint against me at my hometown in Punjab where we(me and my wife) never resided. My parents were residing here.

Now, my valuable items like Laptop, Cameras, Mobile, Clothes, all other household items including many things of almost 2.5 lac rupees are in Gurgaon, Haryana under my wife's custody cos she is staying in that house with her mother. My landlord was asking for Sep'12 month's rent, for which i sent one of my friend to my house there in Gurgaon to pay the same and i also asked him to get those valuable items from my landlord. Cos, i discussed this all the situation with landlord and i asked him to take those items from my wife and give it to my friend. Today, when my friend reached there my landlord said pay me the rent 1st, then he will take to my wife and if she will allow then only he will give those items. My friend came back without paying the rent.

Now, the situation is that i asked my landlord that i am giving you notice of 1 month which starts effectively from 17th Sep 2012. He is saying that he cannot take items from my wife and give it to me. Also, i cannot go there as she may put some false allegations on me if i go there. So, i dont know how to tackle this situation ?

Could some one guide me on this ? I will be thankful as landlord is saying that its my duty to vacate the house along with my family members and not his. And, in this situation i cannot ask my wife to leave that house cos we are not in talking terms.

Pls guide me.

 

Thanks,



 2 Replies

Sanjeev (Lawyer)     17 September 2012

Have you taken bail in the 498A charge?

Guest (Guest)     18 September 2012

Your landlord has done what any prudent man would have done. Apply for anticipatory bail without loss of any further time to thwart the possibility of your arrest. The moment AB is obtained half the battle is already won. You can thereafter either face the trial to disprove the allegations or move HC for quashing of the FIR depending upon the allegations in the FIR/Complaint. In order to get back your valuables which are currently in the possession of your wife you can file a complaint under 406 IPC.

 

Ashish Davessar


Advocate

Supreme Court of India

 

Punjab and Haryana High Court

 

District Courts, Amritsar

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