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Fighter   19 May 2016

Theft by wife

I have filed for divorce 2 years back on cruelty ground. After that wife filed DV and then 498a on my complete family.

I have invested RS 15000 to Gold Bhishi of one of the famous Jweller in my City. And I kept that certificate in my Flat.

One fine day after 1 yr of I filing for divorce, wife n her relatives forcefully entered in my house. They were staying in my house and I was staying at different place. I have already filed Police complaint for same.

Just few days back I came to know from Jweller that wife have withdrawal Gold of RS 15000 which was on my name.

After that I have given written application to Police Station.

What should be my next step?

Which sections will be applied on girl n her family?

Is this big offence? 

Will court Punish them with imprisment?

 



 22 Replies

Pawan S (06292021602) (Advocate)     19 May 2016

Have you lodged any FIR for the same?

If yes, what is the position?

Fighter   20 May 2016

I have submitted written application to Police Station.

Pawan S (06292021602) (Advocate)     21 May 2016

What is the position of your application?

Fighter   21 May 2016

Police yet not have registered FIR. How many days I should wait before filing private complaint in court? What if she return Gold to Police or Jeweller? What r the chances that she will get punishment? What all sections attract this incident?

(Guest)

1) Several sections can be applied - IPC 379, 420, 120B etc.  

2) Get document from jeweller about this deceptive transaction immediately. 

3) Offense does not need to be big in order to be punishable. Even theft of 1 rupee is legally a theft and is liable for punishment if proven in court. 

4) It doesn't matter if she returns the gold. There is no notion of a reversible crime in the eyes of law. Once she has committed a crime, she has to face the music for it. Saying sorry or returning gold does not condone the comission of crime. Infact if she returns the gold, she will have admitted to comitting the crime and will face conviction. 

4) No idea if she will get punishment or not. But you seem to have enough material for a prima facie case against her. In Indian justice system especially in matrimonial matters this is usually enough. Facing a criminal trial by her and her relatives for many many years is punishment enough, even if in the end case ends in acquittal. It will cost them money, time, mental tension and harassment to defend such a case irrespective of the final outcome. 

5) Do not waste this opportunity to attack opposite party. Indian laws are heavily biased for wives, you have to capitalize on every little leverage you get as a husband. Give them a taste of their own medicine. 

6) If nothing else, pursuing this case may help you to reach a settlement with wife of all pending cases on terms that are favorable to you. 

A walk alone (-)     22 May 2016

Section 379, 420, 120 b can be applied. Punishment of her can't predicted. Once fir get registered she may be ready for MCD or settlement on your demand. Just go for MCD and live happily

Sudhir Kumar, Advocate (Advocate)     22 May 2016

wait

 

what was the source of the gold.


(Guest)

1) Do not get lost in analysis of whether your case against her in maintainable or possible to win in trial etc. Men usually go on witch hunt and consult many people to analyze such questions.

2) It seems you have enough ingredients for a story that can make a prima facie case. That is all - rest of things are matter of trial. Facing trial is the only punishment Indian courts give. Actual merits don't matter because all that will come into picture after several years of them running around. Let the judge worry about merits during last stages of trial. You only focus on getting case stared in wife and giving her a taste of this medicine.


(Guest)

1) Do not get lost in analysis of whether your case against her in maintainable or possible to win in trial etc. Men usually go on witch hunt and consult many people to analyze such questions.

2) It seems you have enough ingredients for a story that can make a prima facie case. That is all - rest of things are matter of trial. Facing trial is the only punishment Indian courts give. Actual merits don't matter because all that will come into picture after several years of them running around. Let the judge worry about merits during last stages of trial. You only focus on getting case stared in wife and giving her a taste of this medicine.

Fighter   22 May 2016

Gold is purchased by me by using my own amount before filing for divorce. Police yet not registered FIR. How many days i should wait before filing private complaint us crpc 156 3 in court?

Fighter   22 May 2016

Gold is purchased by me by using my own amount before filing for divorce. Police yet not registered FIR. How many days i should wait before filing private complaint us crpc 156 3 in court?

Sudhir Kumar, Advocate (Advocate)     22 May 2016

your purchased the gold for her?

Fighter   22 May 2016

I invested INR 15000 on my name. Money was from my salary. She was not working that time.

(Guest)
1) Go ahead with private complaint in court. 2) Police is hesitant in matrimonial cases to apply any section other than 498A. 3) Establishing theft (379) between husband and wife is tricky. Breach of trust (406) angle can be made if 379 is difficult. 4) 420 and 120B can definitely be established if she did a transaction with jeweler using your name without your explicit consent. 5) Work with a good criminal lawyer to establish the grounds for these sections and approach court. 6) Case does not need to be bullet proof. You only need enough grounds to get case started.

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