Gokul Guru 02 November 2017

DVC - False Petition for articles/Gold

Hello, I�ve DVC against me and the trail is yet to start. We are yet to file counter for DVC.. On the very first day her advocate filed a petition to order me to give back all the gold, silver, clothes, passport, certificates, and household items.. the fact is she has taken back all her stuff. We filed a counter petition stating that the petition is vague without particulars and we don�t have any possession of her articles. What could be the next step by them? I�m case there is an order issued in their favour what could that be?

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Vijay Raj Mahajan (Advocate) 02 November 2017

In DV case there is no provision under the Protection of women from the domestic violence Act for filling application for return of the istreedan. The application made by the wife is absolutely vague and will be dismissed by the court.

The denial of having the items mentioned in the application shifts burden on the applicant to prove these items are in possession of the husband/relatives or lying in the matrimonial home. Even on merits unless the wife has prove of these items lying in the possession of the husband/relatives, no order for its return be made by the court.

Gokul Guru 02 November 2017

Thanks for the quick reply sir. Can court issue search warrant? my worry is, i don't want her to create rukus and add masala to case.In case of search warrant issued, would that be a surprise check or informed one? The current state of petition is orders to be issued in next hearing.