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What to do if my wife and his parents file a case
28-Jun-2023 (In Criminal Law)
Dear Sir/Madam, • A notice received from Golaghat dist. court against under Sec 13(ia) for cruelty/dowry (false) and ask me to submit W/S on 4.6.18. • Another notice received (without attachment copy) from Bokakhat sub-div. court against under sec 406 and asks to attend me on 11.6.18 Otherwise issue warrant to me. • Strange that, my wife and her family members came to our house with police force and taken her all Sridhan including gift items in absence of me without prior information. • I think it is an illegal because they never want sridhan from us and we never refuse to give the same and ask to present before the 1st class magistrate on 11.6.18 where Sridhan already taken on 29.5.18 without bills/memo etc. • Please help me. Thanking you.
Defiantly we can help your in this matter if you send me details ... At first you have answer me some question is as
1.Whether you want to take back her in your home?
And also you have send us your notice
1.Whether you want to take back her in your home?
And also you have send us your notice
Helpful?
Adv. Ritupaban Gohain
Guwahati | 25+ Answers
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Matrimonial dispute is a very delicate and complicated issue to be resolved. Firstly, I need to see the divorce petition as well as the notices in both the cases received by you before giving you any advice. Stridhan is wife's exclusive property and you cannot stop her from holding/claiming it. But if the process of recovery of stridhan was incorrect or more items were recovered then the list given by the wife, then you may file a criminal revision to quash the criminal case and defend the suit :)
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Adv. Bidhayak Acharyya
Guwahati | 100+ Answers
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Hi.. i have gone through your query. As far as a case Under Section 13(1a) is concerned, it is a case of divorce filed by your spouse against you on the ground of cruelty. And the case U/s.406 of I.P.C. is concerned, this has been filed against you by your wife for the recovery of her stridhan articles which were in your custody. In these cases, the Court can pass an order of issuing Search Warrant to recover the Stridhan articles of the Complainant (wife). So, nothing to be panic in this situation. Your should immediately contact a lawyer of your choice and your should appear before the concerned courts on the date fixed and file your written statement in the case of divorce. Thanks..
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Adv. Naba Kumar Das
Tinsukia | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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