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fighting back (exec)     08 March 2013

Wife took away her belongings a year back!!

 

dear members,

got a query, will really appreciate your kind advice:

wife sent pvt notice and wife filed RCR, i filed divorce after receiving the divorce notice, she came to the place which i had taken on rent for living, where she had cohabited with me last. she came with her mother and brother and demanded her belongings back, i told her to come to the nearest police station and give her statement that she is taking away her belongings , but she flatly refused, she managed to emotionally blackmail the landlord of the house, and he told me : woh toh bechaari ek aabla naari hai, kya saatate ho usko, le jaane do jo lena hai bechari ko, mai hu na!!, " and he insisted that i dont involve the police and let her take her all her things, i will come to court if anything comes up ( i really doubt that!) this thing happened exactly a year back, and she took away all the belongings in the cupboard, and locked it, the keys are now with her

no i fear a 406 against me (return of streedhan) in such circumstances what will i do?

i have the empty cupboard remaining with me, the keys are with her. it is locked. i honestly dont know what is remaining inside or not.

what will happen if she files some false complaint of theft against me? what do i do. please advice



 5 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 March 2013

You have made a mistake, now just hope that your landlord stands the promise he made.

 

 

Regards,


Shonee Kapoor

www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

Tajobsindia (Senior Partner )     08 March 2013

She MAY not file S. 406 now once she has filed RCR that also after 1 year.

If she asks for return of stridhan then place these facts to court and upon its overule by a court return fresh purchased once to her as after one year you are seeking remedy. Neither the landlord will come forward to back you in social context, neither you may be living in same rented flat in future till S. 406 is filed nor story of she has the key will discover out any seizure memo from a empty cupboard.

Ideally upon her last action you should have filed a general diary report with police station with chain of facts along with name of persons involved on such eventful incidence date to back you up as and when she files a case for return of her stridhan and moreover the question may also be asked where were you to say the cupboard is 'empty' as no one locks away a empty cupboard!

Also when you filed divorce, under any of its para have you mentioned the eventful incidence?
 

fighting back (exec)     08 March 2013

@TAjobs and mr shonee kapoor...........thank you both for your kind replies.

@ TA jobs,,,,,,,,,sir. in your reply you mentioned that return fresh purchased once to her as after one year you are seeking remedy.     

are you suggesting that i purchase new items that are with me in lieu of the old ones? also does it also suggest that i return all the things that she claims were in that cupboard. (even if they were not there) since it was locked by her. as she can claim any number of valuable things which were not there.

this incident is not mentioned in the divorce petition as i filed the divorce first, and after 15 to 20 days of filing( after she received the divorce petition copy) she came to the rented house, called me over the phone to come over to the rented flat, and after i opened it . she opened the cupboard and took the belongings. and went away

sir, you also said that She MAY not file S. 406 now once she has filed RCR that also after 1 year. 

i wanted to know even if she wins that RCR decree, and even after one year i dont live with her and that paves way for divorce, even in this circumstances, she may not file 406? as she had filed rcr before.. in other words, is the RCR as a a protection sheild for me, even in the event of a divorce happening

actually i had stopped living with her in the last month before she left for her mothers place. she was staying alone in the rented place, and our counselling was going on in the womens cell. during this period she was living alone and her belongings were with her in that room. she has in her rcr petition also mentioned that husband was staying away from her. now, does this claim help me as i can say in court that i was not with her when she was last with me and on that time too she took away some of her belongings. 

Dear TAjobs. please guide me as to what is the best way to wriggle out of this mess. i have never done anything wrong. but since i have not taken the right  steps at that time by informing the police or court, am i in a soup?

what will be the impending punshiment for me in case i loose out on this issue in court regarding 406. i want to be mentally prepared

thanks once again sir

 

 

 

 

 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     09 March 2013

Dear Querist

as per your information my suggesstion for you, to send information to National Women comission of India, NHRC, DGP/IG of your area in which you should mentioned all the real facts and your probability.

feel free to call

fighting back (exec)     09 March 2013

Dear nadeem sir,

thank you for your kind reply

as you mentioned that  send information to National Women comission of India, NHRC, DGP/IG of your area in which you should mentioned all the real facts and your probability.

how will this serve the purpose?

this incident has happened almost a year back, complaining about it now, wont it look like a afterthought?

involving such big people? wont it be irrelevant to the case,. as the divorce rcr and 125 cases are going on in family courts

i havent yet filed the say to the RCR and 125 cases, should i know mention the incident in the reply of the cases

she had filed the 125 case after this incident. even there she has not mentioned anything of her articles lying here. so in my reply to her rcr and 125 cases, should i mention this incident


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