A case of criminal breach of trust and cheating should be filed. Case under the Dowry prohibition act should also be filed immediately. An FIR can be lodged by your father under these sections along with 498A.
It will not impact the case in the US.
Missing jewelry
I filed for a mutual divorce case in the USA based on non-consummation and according to USA law husband and wife are supposed to get half of the entire property gained during the marriage. We bought jewelry around 30 lakhs during the marriage and my husband kept all the jewelry in his Indian bank locker, which is under both his and his mother's name. He is claiming that I took all that jewelry, but it's not with me. Should I file a missing case in India and does that freeze his bank locker (or should I file a different case against him and his mother)? What other cases can I file to retrieve my jewelry? Also, my parents gifted me gold and silver worth 10 lakhs during my marriage, which he claims he doesn't have it as well. It is in his bank locker and at his house. What case should I file to retrieve that gold and silver? If i file a dowry case, it might affect my divorce case in the USA. So what other cases should I or my parents file to retrieve my property faster and which of them are effective? I am still in the USA so can I give power of attorney to my dad to file these cases?
Asked 5 years ago in Family Law
Religion: Hindu
7 Answers
File police complaint against your husband under section 406 of IPC for criminal breach of trust
2) you can also file case of dowry harassment under section 498 A of IPC read with section 2,3 of dowry prohibition act
Secure your ornaments/deposits by obtaining order, not to operate bank locker and bank accounts under Section 17 (e) Domestic Violence Act, 2005 by husband and his relative. You need not come to India. Prepare a special power of attorney in favor any of your blood relative in India on Rs. 100 stamp paper available in the office of consulate /Indian high commissioner or at many places abroad giving him powers to file proceeding on your behalf. Go to the office of Consulate/Indian of high commissioner with the spa and get the spa attested. Send the Spa to the person named. He will be entitled to file proceeding on your behalf through Advocate.
You can file missing case as well as 406 ipc for criminal breach of trust if you are sure it's there with him
Firstly the divorce case in US for no fault divorce is not valid in India for the marriage solemnised in India.
Secondly you can demand him to return all your valuable articles before finalising divorce.
You do not have to budge to his pressures.
You can give an online complaint to the concerned police station in India for retrieving your ornaments from his parents.
Your parents can follow it up.
You can even lodge a criminal complaint for dowry harassment.
You can file a contested divorce in India on the same grounds by giving power of attorney deed to your father.
You can consult a lawyer in India, discuss the subject matter at length and proceed ad suggested.
Dear ma'am,
You can file multiple cases against your husband to secure your ornaments. Firstly, file a case in police station under Section 406 of IPC for Criminal Breach of trust. Secondly, file a dowry harassment case under relevant provisions from IPC and the Dowry Prohibition Act. Thirdly, file for a temporary injunction restraining the defendant from operating the bank locker.
Please note that divorce of Indian marriage in foreign country is not recognized within India. So you can also contest for divorce in the courts of India.
Besides, you can create a POA through the Indian Consulate and your parents can look after these cases on your behalf. Thank you.
- Since, you are going to file mutual divorce case, then you both can enter into mou for the conditions of divorce , and for the said jewellery.
- Further , if he refused to handover all the jewellery items to you, then a mutual divorce cannot be granted due to dispute between parties.
- Further, as per law, A husband cannot inherit any share in the property of his wife during her life time, and further a husband also has no right over the gift /jewellery/share benefits, which a wife received at the time of her marriage.
- Hence, if you both are living in USA , then due to disagree by the husband to give your items , you can even file a contested divorce case there , and the decree of divorce granted by USA is valid in India.
- Further, you have no right to freeze his parents locker legally, but you can file a compliant against them under section 406 for getting costly items .
