406 return of jewellery
Amit
(Querist) 15 February 2013
This query is : Resolved
Dear Sir,
Is it safe to return Jewellery ? or the girl and her family generally still claim for it even after return or say we have gifted more and claim what ever was gifted by my family as well ?
Or shall we go 50-50 i.e. recover some items and keep some for negotiations at later stage?
Please guide.
Regards, Amit
Devajyoti Barman
(Expert) 16 February 2013
There is no harm to returning the articles in full. But do not fail to have written acknowledgement of receipt of those goods.
Sudhir Kumar, Advocate
(Expert) 16 February 2013
returning jwellery is not your discretion.
It is a crime not to return.
but you should hae a proof to return so that you are not bound to return twice.
prabhakar singh
(Expert) 16 February 2013
Jewelry is stridhan(movable property) of female spouse.
Its' custody in hands of male spouse or in hands of members of his family is that of like a trustee and non return on demand attracts offense of criminal breach of trust.
Then it should be returned against a receipt containing each and every item serially by name and weight together with facts incorporated that no stridhan now remains in custody of husband side what ever it was been received as enumerated here in the receipt.
Amit
(Querist) 16 February 2013
Dear All,
I want to ask my question again as I think, I could not put it in its right meaning, what I wanted to.
My question is that, if police comes to recover the dowry articles after FIR and arrest at our house, is it appropriate to let the police recover jewellery also from our house or we should keep silent over this as some advocates have suggested that recovery of jewellery by police is proving to be breach of trust. Because girl may say that I had asked for the same earlier but was not given back to me, now it is recovered by the police from our premises.
Whereas girl in fact has not asked for it and neither ready to take it at the moment with written receipt of the same.
Kiran Kumar
(Expert) 16 February 2013
Better make it recovered to the police.
A mere presumption that the girl will say she kept on demanding the same from in laws but it was not handed over to her shall not invite conviction.
the things have to be proved beyond reasonable doubt.
if the things are given back then it will ease of the pressure upon you and your parents.
Courts will not convict anyone merely on the basis of wild allegations.
Amit
(Querist) 18 February 2013
please confirm also that stridhan includes jewellery given by boy side also or it is only that given by girl's side is considered as stridhan.
If it is both, then will it be appropriate for us to get it fully recovered to police (i.e. given by girl side and boy side also). Please also consider that giving that of our side also will be a loss for us, can it be saved.
prabhakar singh
(Expert) 18 February 2013
I .PRABHAKAR SINGH,HEREBY CONFIRM TO THE BEST OF MY UNDERSTANDING AND MY KNOWLEDGE THAT EXPRESSION "stridhan" COMPRISES OF ALL MOVABLE VALUABLE GIFTS DONATED TO LADY SPOUSE ON OCCASION OF HER MARRIAGE FROM EITHER SIDE AS WELL AS FROM RELATIVES AND FRIENDS OF EITHER SIDE.
HAPPY!
prabhakar singh
(Expert) 18 February 2013
AN 'AMIT' IS SON OF MY YOUNGER BROTHER WHO IS NOT SO MUCH INTELLIGENT THEN EITHER YOU ARE HE OR ONE WHO ARE CALLED BRAIN EATERS.
ajay sethi
(Expert) 18 February 2013
you cnanot save the jwellery given at time of marriage from the boy side .
Sudhir Kumar, Advocate
(Expert) 19 February 2013
Your query
"will it be appropriate for us to get it fully recovered to police (i.e. given by girl side and boy side also). Please also consider that giving that of our side also will be a loss for us, can it be saved"
There is no question of appropriateness on your side. You have no choice. If you compel the police to raid your house on complaint of S/406 then they can recover every thread of gold and silver they find in the house and they cannot be blamed to play safe and you go on pleading as to which part of gold is not her stridhan. If the gold is not recovered from house then they have justification to seek remand of each family member.
Your side gold could have been saved only when the things have not gone so bad and the matter could be resolved socially where she could waive off. Not at a stage when she is enlightened of the law.
Please consider which loss is greater, giving the gold or not giving the gold.
You initially asked "or shall we go 50-50 i.e. recover some items and keep some for negotiations at later stage?"
gold is property of woman and not to be used as a tool for blackmailing her.
YOU ARE PERHAPS FROM THOSE KIND OF PERSONS FOR WHOM SUCH STRICT LAWS ARE MADE.
The experts above are unable to convince you what the law is and you keep on imagining what it should be to suit you.
K.K.Ganguly
(Expert) 20 February 2013
Mr. Sudhir Kumar has made the right assessment of the queirist.
He thinks that the law has been enacted to suit his personal benifit/gain for which we are here to suggest him steps.
It is time for him to start thinking that the law has been enacted to abide by.
Amit
(Querist) 20 February 2013
Dear Experts,
( Spl Mr. Sudhir and Ganguly)Please also consider my last statement :
"Whereas girl in fact has not asked for it and neither ready to take it at the moment with written receipt of the same."
Also please consider that Your "enlightened of the law" girls are the ones who leave no stone unturned for failing "resolved socially" means.
Please keep your expertise to legal matters only and not the Social life of people at this medium (as we less human beings do not comment on your expertise ever)
Thanks and Regards,
Amit.
Sudhir Kumar, Advocate
(Expert) 21 February 2013
if she is letting the gold remain with you then she is well advised on law. Longer the gold remain with you longer you are under the noose of S/406 with entire family, leave aside 498a or DV act.
It is in your interest that the entire jewellery (and other defines of stridhan) goes to her and you have evidence for the same.
