Legal Question in Criminal Law in India

406

Hello everybody,

Got married under hindu marriage act.My husband have filed for divorce in US.He works in US on H1 visa.But he has not return my jewellery.

Can he legally keep my jewellery with him even after filing for divorce?


Asked on 2/22/09, 8:55 am

3 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: 406

No, it has to be returned.

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Answered on 2/23/09, 12:48 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 406

(1) He cannot keep your Jewellary or any other gift item or your belongings. that constitute an offence u/s 406 IPC. You are entitled to lodge a complaint against him in India; and forward a copy of the same to the authorities in USA.

(2) The filing of divorce in USA is illegal; that divorce will have no legal value in India; in fact the filing of divorce itself amounts to committing violence against you; and you may be entitled to prosecute him under the D.V.A. and claim damages.

(3) You may seek cancellation of his H-1 visa by pursuading US authorities.

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Answered on 2/22/09, 9:53 am
Shrichand Nahar S.V.Nahar, Advocate

Re: 406

If he admitted about jewellery owned by you, then necessary orders would be passed in divorce proceedings.

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Answered on 2/23/09, 12:18 am


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