• Case against wife and recovery of stree dhan of MIL

Hello I am the husband and have filed divorce on ground of cruelty and desertion. My wife had left home saying that she is going to attend wedding function . When she left her father also was with her. She took her streedhan and some streedhan of my mother . I have a message on what's app where she herself saying she took stree dhan of my mother. She also filed false police complaint at her place of working. Police deliberately made a case u/s 498a because my wife was living under their jurisdiction after transferring herself from bank. Neither that complaint mention a single word of dowry but flase and baseless allegation that she was cleaning house ,taunted for substandard jwellery and cloths,not given money for her expenditures,MIL abusing.on such type of allegation police made a case u/s 498a and referred the matter to FWC . 
1) what case can be filed against wife u/s IPC for registering false police complaint of harassment , though no action has been taken by police yet from past 1.5 yr.
2) I have submitted that police complaint copy made u/s 498a along with divorce petition and made also this ground as a cruelty. Do family court have a power to analyse that complaint copy of my wife?
3) how to recover street dhan of my mother that she took saying going to attend wedding function.she has admitted on what's app that she took some streedhan of MIL.
Asked 12 days ago in Family Law from Ramnagar, Uttarakhand
Religion: Hindu

FIle  criminal complaint against wife for defamation under section 500 of IPC 

 

2) if it is proved that allegations made in dowry harassment case are false then it is ground for divorce on grounds of mental cruelty 

 

3) mother should file case against daughter in law under section 406 of IPC for criminal breach of trust 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

File a complaint to police of not returning the jwellery of your mother  deliberately by your wife staying away. 

File a suit in civil court seeking recovery of the jewellery and compensation.

You can file defamation case both under civil and criminal law once the allegations proved to be false. 

 

Kallol Majumdar
Advocate, Kolkata
1410 Answers
2 Consultations

5.0 on 5.0

1. See till time the case against you is not quashed or you are not acquitted in same no case as such can be filed against her.

2. See court can refer same though it is separate matter and family court has not power to decide that matter.

3. Mother can file complaint against her with police for recovery of her stridhan. 

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

Hi

Your mother can file a criminal complaint either directly at woman police station or through court asking for return of her jewels(which was taken by your wife under pretext of attending marriage and thereafter leaving matrimonial home). 

You should be able to annexe proof of ownership of jewels  (that is it belongs to your mother) along with your complaint , so that police/ court take your case seriously

Rajgopalan Sripathi
Advocate, Hyderabad
1658 Answers
299 Consultations

5.0 on 5.0

wait for police to complete investigations and filing  charge sheet in 498A case 

 

2) then based on legal advice file for discharge before trial court 

 

3) continue with your divorce case 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

See firstly anyway as per law she has right on her gold jewellery further you can file quashing of FIR before the high court to quash the FIR since there is no evidence and no primary material against you.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

Dear Sir,,

Your mother having every right to file a Domestic Case against her daughter in law.  And get back her  Streedhana filing petition before the court.

The following information may kindly be read.

All women in household deserve protection under PWDVA 22

When laws are made to satisfy whims of a few feminizes, the result is such litigation as in this Delhi case below.  It is to the credit of few judges who come out with such judgments every once in a while which puts brakes on the onslaught unleashed by Domestic Violence industry. 

Netravathi Kalaskar
Advocate, Bengaluru
3209 Answers
15 Consultations

5.0 on 5.0

Hi

Use the available  proofs of WhatsApp message you have with you.

You need  to file criminal case against her under section 500 IPC.  If you can prove your case, the same will help you in your Divorce case.

Her admission about taking streedhan of your mother will help prove the case.

Your mother has to file a case of criminal breach of trust against DIL under section 406 using the message sent by your wife.

By all means, you and your mother need to prove your cases.

Obtain bail in 498-A case and contest the same. 

S Srinivasa Prasad
Advocate, Hyderabad
760 Answers
6 Consultations

5.0 on 5.0

If the case has already been filed you have no option rather than contesting the same therefore go ahead and file the reply and contest it out.498a can be quashed when there are vague the allegations in the FIR.

Mohammed Mujeeb
Advocate, Hyderabad
10264 Answers
3 Consultations

4.5 on 5.0

You can file case of false prosecution and defamation against her after acquittal,discharge or quashing as the case may be. 

Yes family court will consider the same but it's not a substantive evidence

You need to file a case of theft against her of she took it without your knowledge and consent

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

At this stage any Legal action against will for false complaint of 498 A can attract more legal trouble for you. As she can claim that the complaint is filed to pressurize her for taking the complaint back. 

Yes they can analyse the complaint but won't give any opinion regarding the complaint.

Your mother can file complaint of theft against her daughter in law for taking her stree dhan without her consent and knowledge 

Mohit Kapoor
Advocate, Rohtak
3599 Answers
1 Consultation

5.0 on 5.0

1. You cannot file any case against her for her complaint against you, it is better you get her case dismissed in the trial proceedings.

2. The court wont analyse them, you may have to present in your arguments the reasons for the cruelty you suffered and this shall be one of the grounds.

3. You file a petition under section 27 of HMA along with your divorce petition seeking recovery of your articles held by her.

 

 

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

You can challenge her false allegations in the trial proceedings when the case comes up for trial before the court after the police is submitting charge sheet.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

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