• How can I ask my vehicle from my wife?

After marriage, me and wife bought a car together. Few months back, she took that vehicle to her home and after which we had some disputes among us as a result we have no mood to call her back again.

Before leaving she gave one of her scooter for which she has ownership of to her sister without informing and that too she's not returning.

Now we don't have both the vehicle, she has the car with her, and her scooter is with her sister. 
And we are not talking to each other and no one from each other's family is talking to anyone.

What would be the most appropriate way to ask for the car for which I have the ownership of despite she contributed the money for it?
And if she refuses to give, what options do I have legally
Asked 3 years ago in Family Law
Religion: Hindu

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14 Answers

No case of theft, criminal breach of property, misappropriation of property in respect of car can be filed against wife by husband as being wife she in in common ownership of  property. it is  only after dissolution of marriage through divorce common assets are divided among wife and husband with agreement of as ordered by the Court. You can obtain possession only through some private negotiations.

Ravi Shinde
Advocate, Hyderabad
5128 Answers
42 Consultations

Issue legal notice to wife to return the car as you are absolute owner of the car 

 

2) if she refuses take legal proceedings to direct wife to return car standing in your name 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

- If the said Car is in your name and was purchased by you , then legally she cannot withhold the same without getting your consent 

- You can lodge a theft report with the police after showing the ownership papers to the police. 

- Further, if that scooter was in her name , then you cannot claim a right over the same 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

That you are absolute owner of car 

 

2) that she has stolen the car and ownership documents from your residence 

 

3) to call upon her to return the car within 48 hours of legal notice failing which you would take legal proceedings to recover the car 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

- Legal notice should be sent by a lawyer on your behalf after stating her acts of harassing and taking the car and scooter without your consent , and thereby she will be instructed to return the same , and in case not return you can take the legal action against her. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You are concerned about the car alone or even the continuance of your married life with her.

However if you are so keen about getting back your car, you can issue a legal notice demanding her to return the same failing which you can mention that you will be constrained to take appropriate legal action to recover the car.

But this may not provide you the desired relief very soon.

You may have to approach court of law with a suit for recovery of your car which again will take years to settle/dispose.

But this legal action may cause more harm and strain the marital relationship further more, which may turn very ugly resulting into filing divorce petition too, so you may have to be mentally and physically prepared for such eventualities as well. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

She has not stolen your vehicle, she has taken it rightfully since she too had contributed for purchase of this car.

You may have to issue a legal notice demanding her to return the car since it is registered on your name and pursue the follow up legal actions in this regard as suggested. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Theft is, taking any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft. The property must belong to other. Taking a car from husband is not a theft.

Ravi Shinde
Advocate, Hyderabad
5128 Answers
42 Consultations

To attract offence of theft, there has to be exclusiveness of ownership. Between wife and husband there is no such exclusiveness. 

Ravi Shinde
Advocate, Hyderabad
5128 Answers
42 Consultations

It is not a theft. 

Send written demand for returning back the vehicle to you or refund the money you paid towards cost of the vehicle. 

In default file suit in civil court seeking the above relief and necessary orders. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Dear Client,

You can send her a legal notice and even then if she doesn't return your car you can file a suit for illegal possesion since you are the owner.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

You can go and just take a way the vehicle after asking but i don't think she wants to give it away so easily. Give a legal notice to her to return the car if you don't want to continue the relationship further.

In case they do not respond then file a theft report.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You need to ask her in writing if not given then file suit for recovery of the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

There is absolutely no need to issue legal notice as taking a car from husband is not a theft.

Try to resolve the matter amicably. 

Zafreen Khan
Advocate, Greater Mumbai
54 Answers

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