Civil Procedure Code (CPC)

Need legal help


Hello, Learned Counsel!

My mother had a gold necklace which she occasionally wore for special ceremonies only. That necklace was one of those which she received in her marriage. She has many photos in which she was wearing the same necklace. A few months back, when she went to my cousin’s marriage her necklace got lost. Now, a week before, one of our relatives was wearing the same necklace and claiming that it was hers. Also, she is not financially stable to afford such an expensive necklace. Is there any legal remedy to take my mother’s necklace back with the evidence of photos and video of her marriage?

 
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photos wont work as evidence to get back the necklace stating it yours.
you should have clear evidence that she had stolen it then only you can go legally.
 
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lodge the lost report of necklace before the nearest police station as an evidence produce the footage of wearing necklace of different ceremony n create doubt who is using it recently
 
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Practice

Dear Ms Sneha, 

In case you are serious about getting back the necklace then you must lodge an FIR with the local police station in writing. During preliminary enquiry the police will ask you about any suspicion on any one. At that point you may name the relative who was wearing it. You don't have to say she stole it but simply that you have doubts because if you say she stole it and later it comes out to be false or you are not able to prove that you had reasonable belief about that necklace being your mother's then relative may file a defamation case. Remember defamation in India is still a criminal offence. 

You in query means "Your mother". I used 'you' so as to talk in first person. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, At Chandigarh

 

Disclaimer:- The opinion is only for guidance.  

 
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