One recent RTI to Delhi Police reveals Delhi Police practice that in 498a cases police can seize any property without any evidence of ownership or purchase submitted by the wife. Even in a different question, Delhi police agreed that the wife needs to submit such proof before or after the registration of FIR.
It is also important to note the pieces of evidence required to be submitted by the wife as proof of her streedhan.
In contrary, Kolkata police have replied to the similar question as police can’t seize any property from husband’s house without any evidence of ownership submitted by the wife. However, in reality, it is found that even Kolkata police seizes property from husband’s house without any evidence of ownership or purchase submitted by the wife.
Cases reported to Indian men’s groups suggest that in such cases of seizure police forcefully takes away property from husband’s house and asks them to prove the ownership in courts. This had happened in a case where the husband has shown the evidence of purchase of a television. Normally such cases are dragged for years and the husband feels it is better to forgo his material than going for a lengthier process of recovery.
From both these RTIs, it becomes clear that no matter what is the procedure police very often do not follow the process, either due to lack of knowledge or due to lack of any punitive action against such errant officers.
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