File poluce complaint against her under section 406 of IPC for refusing to return your phone and laptop inspite of repeated reminders
My wife left my house and while going she took my iPhone and laptop and she has filed false 498a,how can I take back my phone and laptop, I have original bill of phone and i have recordings where she accepted that she took my laptop. How can I proceed?
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File poluce complaint against her under section 406 of IPC for refusing to return your phone and laptop inspite of repeated reminders
1. Since those were taken without your consent you can file a case of theft or criminal breach of trust.
2. Since the Bills are with you it would be easy for you to establish your ownership.
3. Since she has filed the case u/s 498A IPC there is no point in showing any remission to her and file the case s advised above.
Dear Sir,
You are also suggested to file the theft case against her and ask her to return the things taken by her.
Hello,
You can lodge complaint against her but not advisable which aggravates the situations and increase enmity. Think wisely and try to forgive her which may change her attitude towards you.
See at this stage you have only option to file a police complaint to retrieve your iPhone and laptop. File a written complaint before the police station.
If the terms between you both have strained or collapsed then you also can resort to legal action either by issuing a legal demand notice demanding the return of the valuable items she carried with her or to compensate in term s of money towards the cost of the said items alternately you can lodge a criminal complaint against her for stealing your valuable items while leaving your house.
Make sure that it was not given as gift to her by you at any moment earlier when you both were in cordial relationship because she may twist the case in her favor citing that this is a stridhan property since you hav gifted to her.
You can send her legal notice to return it. Else needs to file criminal complaint or civil suit to recover the Same
You should lodge a fir against her and her relatives for stealing these things.
If the poice does not cooperate then file a complaint against them before the magistrate.
Lodge a theft complaint with jurisdictional police station and make your wife as accused police will help you getting the phone and laptop. Based on her conduct file a divorce petition before court on ground of cruelty. Feel free to contact me for further guidance if you need
Ans: File an FIR once the lock-down is lifted for missing of your laptop and phone. this is the only legal way to procure your belongings.
Hello,
File a FIR against her for theft, if the same belongs to you and has your personal data in the same. Before filing of the FIR, you may also send a legal notice to her.
regards
1. Did you file a police complaint against her for the articles taken by her? A case under Section 379 IPC is made out against her for theft.
2. Seek anticipatory bail if she has filed 498A.
1. you can file a criminal complaint in the police against her for taking your iPhone/laptop without your permission,
2. if the police don't register the FIR you can file an application as envisaged under section 156(3) of the CRPC before the concerned ilaqa magistrate to direct the police to register the FIR
First thing you need to do is obtain Anticipatory Bail in 498-A (alongwith other family members if added).
By using the bills and phone recordings of her confirmation, confirming to have taken IPhone & Laptop, you lodge complaint with Local Police for theft and criminal breach of trust, she is liable for punishment under sections 379 & 406 IPC.
Approach the Police and file a complaint against her for stealing your goods. With the help of a lawyer, defend the 498a case that she filed against you. You can close it during the mediation with the help of able legal guidance.
- As per the latest Supreme Court judgment. if accused.husband is supporting the police official and joining investigation, then bail is not mandatory, means it becomes bailable
- Since, she has taken your personal items without your consent at the time of leaving matrimonial house, then it amounts to theft and breach of trust .
- You should lodge a complaint against her after stating that she has left the matrimonial home after quarreling , and taken away your mobiles phone & laptop forcibly without your consent.
- Even online you are lodge your complaint as well, and keep a copy of the same with you , to produce the same in her filed cases.
Complain to police about theft. Case will not register but police will tell her to return otherwise FIR OF theft will file.
1. You can ask Investigation officer who is appointed to your case to get your belonging back from her before proceeding further.
2. You can also ask her to give your laptop and mobile back when police calls you both for counselling before taking actions in FIR.