If you are stuck in such a situation, here is what to do.
Ms. Kavita, a software engineer from the city of Prayag, initiated a case under the Domestic Violence Act against her husband, Mr. Alok, and his family in early 2023. Forced to leave her marital home under duress, she was unable to retrieve her essential personal items, including her university degrees, professional certificates, and valuable personal belongings gifted by her parents. She promptly filed an application before the concerned Magistrate seeking an order for the return of her property, submitting a detailed list and photographic evidence proving the items were still at her in-laws’ residence. Despite this, the proceedings have been frustratingly slow. For over a year, the application has been stuck, facing constant adjournments for various reasons—the judge’s absence, the opposing lawyer’s request for more time, or local bar association strikes. The opposing party falsely claims in court that Kavita took all her belongings with her when she left. This situation has left Kavita in a state of distress, as the absence of her academic and professional documents is severely impacting her career prospects, and she feels the profound loss of her personal effects.
Advice in such cases
Document Everything: Maintain a meticulous record of all items left behind. Create a detailed list, and if possible, gather proof of ownership like receipts, photographs, or witness statements.
File an Urgent Application: Your lawyer can file a specific application highlighting the urgency and the hardship you are facing due to the non-availability of your belongings, especially essential documents or items of daily need.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Seek Interim Orders: The court has the power to pass interim orders. You can press for an immediate order for the return of at least the most critical items, like documents, medical records, and essential clothing, pending the final decision.
Follow Up Persistently: Regular follow-ups by your lawyer are crucial. Consistent presence and pressing the matter during each hearing can help minimize unnecessary delays.
Applicable Sections of Law
In such situations, the primary recourse is under the Protection of Women from Domestic Violence Act, 2005 (PWDVA). The new criminal laws have also replaced the old codes.
Section 19(8) of the PWDVA, 2005: This is a powerful provision under which a Magistrate can pass a residence order. As part of this, the court can direct the respondent (husband or in-laws) to return the possession of the aggrieved person’s stridhan or any other property or valuable security to which she is entitled.
Section 316 of the Bharatiya Nyaya Sanhita, 2023 (BNS): If the refusal to return belongings amounts to dishonest misappropriation, it can constitute a criminal breach of trust. A separate criminal complaint can be initiated under this section.
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): This code outlines the procedures that the courts will follow for hearing the case and executing any orders that are passed.
If you are the complainant
File a Detailed Affidavit: Submit an affidavit clearly stating the facts, the list of items, the evidence of their existence at the matrimonial home, and the specific hardship you are facing. For instance, explain how the lack of educational documents is preventing you from applying for jobs.
Press for Arguments: Instruct your lawyer to strongly oppose any unnecessary adjournments sought by the other party and to repeatedly request the court to schedule the matter for arguments on your application.
Escalate if Necessary: If there is an inordinate and unreasonable delay by the Magistrate’s court, you have the option to approach a higher court, like the Sessions Court or the High Court, by filing an appropriate petition seeking directions for the speedy disposal of your application.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
If you are the victim
Focus on Essential Items: While you are entitled to all your belongings, focus the court’s attention on the most critical items first, such as identity proofs, educational certificates, medical records, and children’s belongings.
Preserve All Communication: Keep a record of any messages, emails, or call recordings where you may have requested the return of your belongings and the other party has refused or acknowledged possession.
Stay Strong and Patient: Legal battles, especially those involving family, can be emotionally draining. Trust the legal process, maintain regular communication with your lawyer, and focus on rebuilding your life.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
How the police behave in such cases
The role of the police in cases under the PWDVA is primarily supportive and is executed under the direction of the court. The proceedings are quasi-civil, and the main authorities are the Protection Officer and the Magistrate. The police are generally involved in the following capacities:
Executing Court Orders: If the Magistrate passes an order for the recovery of your belongings, the court can direct the local police station to provide assistance to you or the Protection Officer to ensure the order is carried out peacefully and without obstruction from the other party.
Registering Criminal Cases: If your complaint also includes allegations of criminal offenses like criminal breach of trust (Section 316 BNS) or causing hurt, the police are obligated to register a First Information Report (FIR) and conduct an investigation as per the BNSS.
Providing Protection: If you face threats or fear for your safety, the court can issue protection orders, which the police are bound to enforce.
FAQs people normally have
What evidence is required?
Strong evidence is key to proving your claim. The more comprehensive your evidence, the higher the chances of a favorable and quick order. You should try to collect:
A detailed list of all items (stridhan, gifts, personal effects).
Photographs or videos of the items at the matrimonial home.
Invoices, bills, or receipts in your name or your parents’ names.
Bank statements showing the purchase of valuable items.
Statements from witnesses (like relatives or friends) who can testify about the gifts given at the wedding or items in your possession.
Any digital communication (WhatsApp, SMS, emails) where the possession of your items is acknowledged by your husband or in-laws.
How long will the investigation take?
It is important to understand that a case under the PWDVA is not a criminal “investigation” conducted by the police. It is a legal proceeding before a Magistrate. The law itself mandates a speedy trial. The PWDVA states that the court should endeavor to dispose of the case within 60 days from the date of the first hearing. However, in practice, due to a high volume of cases, procedural requirements, and delaying tactics by the opposing side, these cases can often take much longer, as seen in the example above. The duration for the recovery of items depends entirely on when the court hears your application and passes an order.
Advocate Sudhir Rao, Supreme Court of India