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siva (qqqqqq)     19 July 2008

Recovery of stolen Property

Hi,

2 years back when my wife left the matrimonial home, she had taken some cash(lakhs), Laptop, foreign electronic goods, jewellary and important office documents. After she left one month time, I had given a complaint to the police station. But they have not registered any case siting it as matrimonial dispute. But they responded to her complaint and filed 498a against me. After that I had given reminder complaints and written letters to them but they have not taken any action against it. I have not filed any private complaint regarding this.

Now, is there any civil or criminal remedy to recover my documents and other property lying with my wife.

Please advise.

Siva



Learning

 9 Replies

ARVIND KUMAR (LAWYER)     19 July 2008

Mr dear friend, first of all you think over yourself. At the time of marriage so many valuable things you have received but you had not opposed. Now when your wife tookaway some valuable things which may be her "STRIDHAN". You are facing problem. One thing is important at the time of marriage what is her fault. She simply attached with you mentally, emotionally and phisically. You please thinkover her natural gift for whch she had dreamed for long time. My intention is not to demoralise you but my dear friend try to get solve the matter and approach your wife to resolve the matter. Life is very beautiful thing. Tyr to feel it.

pawankumardhanuka (laywer)     19 July 2008

think about first yourself

Sukhija (Advocate)     19 July 2008

Dear Friend


First think what u want?U want ur documents,Property or u want ur wife to return back to u? Accordingly legal remedy can be suggested by lawyer.

K.C.Suresh (Advocate)     20 July 2008

Dear Husband, Your case is that you have given a complaint to police when your wife took some valuables from the house where both of you reside. that complaint was still there. No action was taken by the police on that complaint. You can approach the Court U/s 156 (3) Cr.P.C to forward the same complaint to police. Or else you may approach HC for getting releiff rom the police. Before going further  you are advised to think twice how one can stolen his own goods is an issue you have to answer when the file is coming before a reasonable Judge.

siva (qqqqqq)     20 July 2008

Dear Honorable Advocates,


Thanks for the replies. Before giving a complaint to the police station, I had sent a legal notice to her requesting her to come back to the matrimonial home with the stolen documents and other property. The property is strictly mine and the documents are not at all useful to her. She can encash only the property. After that I filed a matrimonial suit under section 9 of HMA.(RCR)


Dear Suresh Sir,


As you have suggested for 156(3) crpc, the problem is, I left the last residing place and  now I'm residing in a different city. I hope if I have to file this, I have to go back to that city. Or Please let me know whether I can file it from the place where I'm residing now.


Also are there any other civil or criminal remedies as the documents are very important for me now and all the reconciliation efforts are being failed and they are blackmailing with the documents and property.


Siva

siva (qqqqqq)     27 July 2008

Could anyone please suggest some remedies.

KAMARAJ BHARATHY G (ADVOCATE- HIGH COURT)     30 July 2008

DEAR FRIEND,


 YOU CAN RAISE YOUR DEMAND OF PROPERTY IN THE DIVORCE PETITION AT THE SAME TIME YOU HAVE TO ANSWERE TO THE SRIDHAN THINGS.  HENCE YOU NEED NOT TAKE FURTHER STEP TO RECOVER THE PROPERTY AT THE SAME TIME AS FAR AS THE DOCUMENTS ARE CONCERN YOU CAN GIVE A PAPER PUBLICATION THAT THOSE PROPERTY DOCUMENTS  ARE STOLEN OR LOST, BY THAT PUBLICATION YOU CAN COMPANSATE YOUR PROBLEM.  OR YOU CAN GIVE AN FRESH COMPLAINT IN ANOTHER POLICE STATION THAT YOU DOCUMENT WERE LOST RECENTLY, THROUGH THAT COMPLAINT YOU CAN GET DUPLICATE COPY

M Sreedevi (DCA)     20 November 2009

Hi Friends,

Mine is also similar case. I left my matrimonial house due to harrasement by my husband. Later his relatives came to my office and forcefully took my land documents. I gave a compliant but no action police. Now how can I recover the documents. For selling or for apply loan against property I need the documents I am sure cannot do anything with docs but I need my property docs to be with me for any purpose.

Please suggest.

Hardik Mehta (Family Counsellor)     24 November 2009

First send the lawyers notice asking back the documents that was forcefully taken from you. If the documents are not returned, then you can file the case of theft as a private complain u/s 156(3) of CrPC followed by wrongful confimement and wrongful restrain u/s 340 and 341 of IPC.


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