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Can search warrant be issue against wife to search her matrimonial hom
01-May-2025 (In Property Law)
Husband has field FIR u/s 118(1), 352 and 3(5). Can he get search warrant to search and seize the property documents from his wife which is on husbands name, husband wife joint name.
Place of search will be..wife matrimonial home and daughters home.
Thanks
Yes, if the FIR is registered and the documents are crucial for investigation, the police can approach the magistrate under Section 93 CrPC for a search warrant. However, the court will consider the necessity, ownership, and location of the documents. Since the place of search is the wife's or daughter’s residence, the warrant must be specific and justified to avoid violation of privacy. The husband must show that the documents are essential and not accessible otherwise.
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Adv. Vaibhavi Muthinty
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