My wife left the matrimony house on 29.12.2015 and went to her parental home in delhi carrying four big bags which weighed around 70 kgs.in this regards i have the jet airways luggage reciept. There after she file an FIR against me and my mom and dad u/s 498a,406,377,354,34 ipc in which chargesheet has been filed. Further in the year feb 2016 my mother along with me and my dad filed a complaint against my wife together at our local PS in mumbai in which my mother has alleged that my wife stole away her jewellery and action should be taken against her. My question is : A)How ever till date no action has been taken by the police for recovery of my moyher jewelry and all the efforts of mediation are failed. Can my mother intiate a proceeding for ipc 406 at stage in the court after such time gap ?? B) can my mother also file a civil suit in court for recovery of jewellery articles after so much time gap ?? If yes then under which section of cpc.
1. If the Police has not registered the FIR as yet you she can file a petition u/s 156(3) crpc in the court of the Magistrate.
2. Now if the Police is siting ilde even if FIR is registered then you can file writ petition in high court against police inaction.
3. She can file case under PWDV Act seeking return of her jewelry against your wife as well.
Your mother File an RTI application with police as to what action has been taken on her complaint
2) if no FIR has been registered file private complaint before magistrate under section 156(3) of cr pc to direct poluce to investigate and submit report
Yes she can initiate the same but it may also take time
Ans: Filing of multiple proceedings will only confuse your wife and may make it a little complicated. You can file for recovery on jewelry under the provisions of CPC to the court where the cause of action has arisen.
Thanks for your valuable feedback....under which section of cpc can i file a suit for recovery of jewelery articles. And would it be maintainable after such a time gap ???
IN cpc it will be normal recovery suit along with specific performance Act 36 and 37 for injunction.In criminal side its 406 IPC.
Hon' ble Supreme Court in the Judgment reported in 1961 SC 1474 that the right to sue for movable property shall start from the date when the person has learnt that it is in possession of the other and even three years will start from the date of his coming to know this fact.
2) Hon' ble Kerala High Court in its Judgment reported in II (1991) DMC 262 (Supra) has also observed that in suits claiming relief of stri dhan i.e. the articles given to parents in law by the wife is a trust and one who is holding the trust is under an obligation to return the same and there cannot be any limitation for such suits and therefore, there is no force in the contention of the defendant that the suit is barred by limitation. It is also important to mention the Judgment of Hon'ble Supreme Court reported in AIR 1985 SC 628 (Supra) wherein Hon'b le Supreme Court as observed that stri dhan give to a bride at the time of marriage is her absolute property and no other person including her children have any right to the same. It has also been observed by the Hon' ble Supreme Court that stri dhan is the property of married woman and remains her property even if it is placed in the custody of her husband or her inlaws, they should be deemed to be the trustee and bound to return the same as and when demanded.
3) your claim is not barred by limitation
Dear Sir,
The jewelry of your mother is mentioned in your querry are called "streedhan" and these are the properties of the women and she is entitled to have custody of them at any point of time during her matrimonial life and she is at liberty to dispose them off or enjoy them as she likes as she is the absolute owner of such property. Some times streedhan includes immovable property also as the relatives from natal home give the girl a landed property, residential houses or agriculture fileds etc.
There are three methods to recover streedhan from the illegal custody of the members. First I describe the cheapest and expeditious method. That is, to file a domestic violence case against her daughter in law before the metropolitan magistrate. In this application, you can file an application for interim relief also.
The other method is to file Section 406 IPC case as a private complaint before the magistrate. Here, there is a heavy burden lies upon you to prove that actually streedhan was given to you and it is lying with your husband/in-laws etc. This proof also must be "beyond reasonable doubt". Here, in this private complaint, you have to lead evidence twice and is a cumbersome process.
The alternative method is to file a complaint under Section 406 IPC listing the stridhan articles and lodge the complaint before the concerned police station. The police will register FIR ( different to earlier FIR u/s 498-A and Section 323 IPC).
There is one more method to recover stri-dhan, i.e., by filing a civil suit. It is very costly affair. So, I will not go into the details of this particular method.
Finally, I suggest you to go for Domestic Violence application for recovery of streedhan and a woman with your financial status can afford to fight this case.
Might FIR has no register by police and drop the matter after खानापूर्ति. File court complaint. Reason for delay is police failed to register FIR even after regular follow up.
Civil suit is futile for recovery, will take years. Well, general civil suit will file just like recovery
Suit Maintainable.
First of all u should check whether fir was registered or not. If fir is registerd than u must be having copy of the same and if not than u have to file a criminal complaint to the concerned magistrate under section 190 of crpc.
Once fir is registered u will get a copy of it free of cost. For checking the progress of investigation u should file application under sec 210 crpc before the concerned magistrate for calling the progress report from investigation officer. U may approach high under sec482 crpc or by of filing criminal writ petition for fair , impartial and unbiased investigation
1. Yes she can initiate action against her daughter in law but it would not be beneficial for you at this stage as it would be treated as a tactic to counter her complaints against you and your family.
2. Yes she can file civil suit for recovery of jewellery articles.
1. If the police is not taking any action on the complaint especially after the mediation failed, then your mother can file a petition under section 156(3) cr.p.c. seeking direction to the police to initiate proper legal action on her complaint pending with them.
2. She can file a suit for recovery of articles provided she has substantial proof of the jewels taken by her but since the theft case as well as section 406 IPC case has already been registered then the court may not entertain any suit in this regard.
A civil suit for recovery can be filed only if it was taken by hr on loan and not returned or had been given to her on a agreement to return the same after a period of time.
The suit for recovery of stolen item may not be maintainable in civil procedure code, you may have to initiate action under criminal law alone.
You had filed a complaint but tge police didn't investigate nor lodge an fir. Therefore file a complaint before the magistrate and request the court to proceed accordingly.
Don't go for a civil suit. Criminal complaint would be much suited for you as they can be arrested and tried.
A. Since no action has been taken place by the police, then now , your mother should file a complaint under section 200 read with section 156(3) CrPc for investigation and lodging an FIR against her .
- Yes, even now , she can initiate a proceeding against her , and the case is maintainable .
B. No, the limitation period if maximum 3 years from the date of knowledge , and further in the absence of documentary proof , the suit is not maintainable.
- Your mother should file a complaint under the provision of domestic violence Act , for her harassment.
