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My belongings educations documents/ clothes and medical reports
19-Aug-2023 (In Family Law)
I am living away from my husband with my 6 months old daughter. My husband is not filing divorce neither allowing me to take my passport, educational documents, my own car and other important valuable items of my daughter too. Is there any way where I can quickly get it as procedure for court takes time. I have a fear he’ll destroy my our belongings.
Police has denied to help me and asked to approach CAW cell.
I want help in knowing the quickest procedure.
If the behaviour of your husband is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction to claim back your belongings. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself as well as for your minor daughter. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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You need to seek legal consultation asap and brief the lawyer. There are certain options through which needs to be explored. Apart from filing a CAW complaint, you need to file a DV complaint before the Magistrates court plus a Suit for Mandatory injunction seeking directions can also be filed.
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Adv. Anubhav Kathuria
Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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you can file for the theft of the documents and file an FIR with the local police by giving them the details about the suspicion on your husband. it will not take more than 90 days to get the case disposed off. As far as going to CAW cell is concerned please go ahead with that as an additional part and let the court take its time ..at the time of hearing the police will have to give the report in the court. otherwise there is no other option before you
Helpful?
You can reply for passport in Tatkal !
Court is the only way you can get certain belongings. Court proceedings will take time.
You need to hire expert advocate in this regard !
Kindly b in touch to discuss this matter!
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Adv. D. Khan
Adv. D. Khan
Delhi | 1000+ Answers
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Yes of course, the order from the court can be passed in your favour without giving an opportunity to your husband to defend the allegations made by you and against him with respect to collecting your belongings/stridhan. For this an application under section 18 of Protection of Women from Domestic Violence Act has to be filed. In this act there are other remedies also available to an aggrieved party to get compensation, maintenance in addition to the maintenance in 125 Cr.P.C, right to matrimonial home, rental home, etc.
This process from drafting of the case to filing and then hearing of case and passing an order would hardly take 2 months.
Police do not act in whatever manner they want, they will only escort you to collect your belongings when the court has ordered you to collect your belongings. In the same order it will direct the local station house officer of the police station to implement the order and escort you.
CAW helps ladies file a case or show them the way, they themselves cannot listen to a dispute, pass an order and implement it.
If you go after any other institution other than courts most likely, you will waste time and gain nothing.
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Adv. Maaz Akhtar
Adv. Maaz Akhtar
Delhi | 100+ Answers
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