return of stridhan

Querist : Anonymous (Querist) 17 December 2009 This query is : Resolved
Sir,
divorce petition was filed against my client i.e. wife for divorce under hindu marriage act 1955 for cruelty, after contesting decree was passed for divorce and also the court gave direction to return the two suitcases/stridhan of the respondent wife, even as the list of articles was filed by my cleint respondent wife, whether can you give me a citation or judgement that at the time of judgement the court has to list the articles in front of police officer or in the court that all articles listed in the petition has to be properly delivered to the wife

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Raj Kumar Makkad (Expert) 17 December 2009
Court is not bound to direct to return all or any article of istridhan when the petition has been filed by husband and it has been decreed. Wife can file DV act application and can seek all the articles left with her husband or criminal case, if filed under section 406 IPC by her can fetch such articles through recovery of police.

Sukhija (Expert) 17 December 2009
I agree with Adv. Makkad.

aman kumar (Expert) 23 December 2009
AGREE WITH RK

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