• Wife got search order

Hi to All,

Overview, Divorce case filed by me pending. DV from her side also pending. FIR under 498A & 406 registered major investigation done.
My wife got search order from the court through IO to check lockers of my parents and house and office.
My question is What things she can take, any thing she finds new and attrative as IO said she can take any such things and that will fall under dispute later we have to claim from court by showing certain proofs ??
Can she take GIFTS given by my wife's family at the time of ceremony in form of jewellery to my parents or sister,  bed, quilt etc etc ?? though such things already admitted in my admit list as fact but I was reading somewhere such things are gifts to us can't be recovered. We can give as if our willingness.
She already took all her and my jewellery before leaving matrimonial home which she is denying now and demanding a huge amount for one time settlement which I am unable to pay. So as per my advocate guided I decided to return things like bed, dinner set, quilt etc etc except jewellery given to my parents and sister to save some amount from that huge settlement amount.

I am confused after googling and advocate words on above as IO telling totally the different story and include towards girl.

Please advise.
Asked 2 years ago in Family Law from Delhi, Delhi
Religion: Hindu

Hi, she can only recover those items which she can prove to be given during marriage .. The items which were not a part of gift items during marriage cannot be recovered by police ,neither you have to admit the items as dowry articles

Hemant Chaudhary
Advocate, Gurgaon
4310 Answers
31 Consultations

4.9 on 5.0

No, she can’t and even if she happens to plan such things then she might have to give some proof which gives some credibility to search a friend’s or relatives house in the form of some connection of them with the case.

And also try to hide everything and say the same like her that lost everything or confuse or forget.

Rest you can have an appointment in the morning if want to have a suggestion to what to do next.

Sanjay Baniwal
Advocate, South Delhi
4931 Answers
11 Consultations

5.0 on 5.0

No the simple answer to your query is that your wife cannot take whatever she likes from your parents lockers and your office lockers .She is entitled to take only those goods/items that were given to her at the time of marriage.

R Aditya
Advocate, Delhi
68 Answers
2 Consultations

5.0 on 5.0

See whatever she brings in marriage including jewellery and other things alongwith what you people give her all comes under the definition of stridhan which is exclusively her right and Dominion. Other than this she will not claim any right on jewellery etc. But she can claim maintenance and residence order under Protection of woman from domestic violence Act 2005.

No she cant get search orders of all the places. Whatever happened now you just fight on merits and you will succeed.

Prashant Nayak
Advocate, Mumbai
14536 Answers
25 Consultations

4.6 on 5.0

1) there is no harm in returning gifts given by wife family to your family at time of marriage like bed , quilts , jewellery

2) you should refuse to pay huge settlement amount demanded by wife

3) 80per cent of dowry harassment cases are false and end in acquittal

4) the burden of proof is upon prosecution to prove your guilt beyond reasonable doubt

Ajay Sethi
Advocate, Mumbai
69049 Answers
4153 Consultations

5.0 on 5.0

Court can pass search order for relatives or married sister house

Ajay Sethi
Advocate, Mumbai
69049 Answers
4153 Consultations

5.0 on 5.0

Hi

Yes she can take the things she feel to. But if she takes anything which was not given by them during the marriage you can claim that thing back from court.

No she cannot get the search orders for anyone else's house other than yours.

Thank You

Rahul Jatain
Advocate, Rohtak
951 Answers
3 Consultations

4.9 on 5.0

1. Whatever items are given to a bride at the time of or after her marriage by either her parents or relatives of husband constitute her stridhan over which she has the exclusive ownership whereas husband is a mere trustee of her stridhan.

2. If the locker is being searched and items recovered then the procedure is to prepare a list of the recovered items and the items will then be deposited in the court wherein you will have to disprove her claim to the said items.

Ashish Davessar
Advocate, Jaipur
26713 Answers
797 Consultations

5.0 on 5.0

If any of her stridhan is in the custody of your relatives then a search order can be issued to search their premises too.

Ashish Davessar
Advocate, Jaipur
26713 Answers
797 Consultations

5.0 on 5.0

What is the search order for?

Didn't you challenge the search order?

If she obtained search to seize her matrimonial goods, let she take it after due acknowledgement.. unconnected items should not be removed and you can file a theft case.

Rajaganapathy Ganesan
Advocate, Chennai
1585 Answers
8 Consultations

4.9 on 5.0

Sir,

The Sridhan which has been stated is a matter of cross examination and attachment of relevant bills.As such the things which have been taken back by her ,do you have any proof to support is also a question ,as like operation of locker etc.

The bed and utensils if returned should be done with proper sign from the other party also

Anand Shukla
Advocate, Delhi
487 Answers
12 Consultations

4.9 on 5.0

Hello,

She can take GIFTS given by your wife's family at the time of ceremony in form of jewellery to my parents or sister, bed, quilt etc etc. Also, you may note that anything claimed be her at the time of search can not be taken by her directly she will also have to claim the same from the court of law. the same can be claimed by her as Stridhan and not gift.

Do not totally believe on the words of the IO.

Regards

Anilesh Tewari
Advocate, New Delhi
17270 Answers
267 Consultations

5.0 on 5.0

It is difficult foe her to get the search warrant for else where.

Regards

Anilesh Tewari
Advocate, New Delhi
17270 Answers
267 Consultations

5.0 on 5.0

Hi

1) First and foremost, you need to see which are the items that are claimed by your wife.

2) As per Search warrant, the I/O can only check and retrieve from the locker any of the items that are claimed by your wife.

3) The I/O does not have any powers to seize whatsoever other materials that is available in the locker.

4) So first and foremost, get an order from the court that I/O can only search and seize the materials that are matching the inventory list provided by your wife. In case the court refuses to give you the favourable order(i.e to seize only items mentioned in inventory), you should approach the high court so as to ensure that Police do not arbitrarily take away all of the valuables and make you run from pillar to post for the recovery of the same.

5) Also gifts (jewellery) given by your wife's and her parents to your parents and sister's cannot be claimed provided it can be established that these were indeed gifts and not otherwise.

6) No need to go for huge demand for one time settlement. Normally when the party demands huge one time settlement, it is better to rely on courts (it might take 2 or 3 years, but the wait is worthwhile as courts are rationalistic in their approach on granting divorce and alimony.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
1681 Answers
312 Consultations

5.0 on 5.0

Don't get confused by googling

Just take advise only from professional only

And the question u asked is gift dowry or not

Gifts are not dowry articles

Nobody can get search warrant foe parents and relatives

Only it is illegal search by IO in collaboration with ur wife

Present an application before court and complaint to higher police officials for IO

Harsh Kumar Sachdeva
Advocate, Delhi
24 Answers
1 Consultation

4.0 on 5.0

Hi, there are specific things written in any order and the same is applicable to search order. You may get a certified copy of the same and confirm all the things.

Ganesh Singh
Advocate, Delhi
3274 Answers
9 Consultations

4.5 on 5.0

The gifts will remain gifts in the hands of donee and not retrievable by donor in law.

However, as IO stated you make a list of all those items which she is taking with her now, get it signed in the presence of accompanying police, you may claim the same at a alter stage after proving yourself.

T Kalaiselvan
Advocate, Vellore
58895 Answers
746 Consultations

5.0 on 5.0

can she get search order for relatives, friends home or married sister house also ??

The relatives will be notified by court and after hearing them the court will decide this application on merits.

T Kalaiselvan
Advocate, Vellore
58895 Answers
746 Consultations

5.0 on 5.0

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