is it stridhan or dowry that is claimed u/s 498 & 406 cases
Querist :
Anonymous
(Querist) 21 August 2011
This query is : Resolved
Dear sir,
-Is it stridhan or dowry which is claimed u/s 498A & 406 by wife.
-Whatever it is,can a wife can take in her possession any article/jwellery that is not claimed by her u/s 498A and 406.
-will it give her a right to continue possession the excess of dowry / stridhan claimed u/s 498A & 406,if she says in her statement"She was at the time of filing complain/FIR etc u/s 498A & 406 was not mentally fit and couldn't get written/claimed the jwellery taken in excess.also she did not get any treatment from doctor and not told about her lawer.(1-She has no Bills of any article/jwellery.2-she claimed the same list of articles/jwellery, as in 498A&406 for divorce and 125 crpc written/presented in different dates.
Pls Let me know clearly.As I am confused with these things during my fighting case and complain u/s 420 and 406 agst wife for excess jwellery made by me.
Thanks in Advance
Devajyoti Barman
(Expert) 21 August 2011
Legally speaking the wife can claim those which are not mentioned in the list of articles. However anything left or taken extra the actual owner on proof of ownership can lay claim that article back.
Guest
(Expert) 21 August 2011
if you have the video footage of the dowry articles or any list which is prepared by your wife or relative of wife that can be produced in the court if the wife is demanding more than that of the dowry articles given at the time of marriage.
Querist :
Anonymous
(Querist) 21 August 2011
Dear All,
thanks a lot !
But my quarry not pinpointed to be resolved.As wife has taken in possession more than she demanded/claimed as dowry in legal papers(498A,Divorce,125 etc) also in accounts of dowry- rs 7 lacs she presented/attached with legal papers.
-How she can take possession of jwellery more than she has claimed/presented in a/c of 7 lacs and in papers.She has no bill of any jwellery.
-If this excess jwellery is clamed by her as stridhan,how can she take possession as she has not claimed it as stridhan anywhere and how can she prove it to be stridhan.
it is gold of my mother trusted to her because she is only lady in my family.there is only me and my old father,mother expired.
Pls necessurily advise me.
Thanks in advance!
prabhakar singh
(Expert) 22 August 2011
"it is gold of my mother trusted to her because she is only lady in my family.there is only me and my old father,mother expired."
A bit more COMPLICATED.
She would say that those jewelleries were gifted to her by her mother-in -law which she took with her acceptance hence she became owner thereof.
you may say she was entrusted with possession as custodian due to custom in family observed since time immemorial.
Between two versions one proved will prevail.
In your version lacuna is that your mother is dead hence you also need to prove that jewelleries handed over were KHANDANI and prior to your mother they were in custody of your grand mother so as to prove that they are ancestral movable wealth passing on and your mother had no right are title in them nor did had your grandmother nor could your wife own them.
Querist :
Anonymous
(Querist) 22 August 2011
Dear sir,
Thanks !
But verry sorry ! why I m not completely confident/satisfied regarding my quarry.stridhan consists of all articles/jwellery gifted by wife's parents/side and also gifted by husband's parents/side to wife.
Extra jwellery is not gifted by anyone, as it is of my mother who has been dead 18 years before my marriage.wife has not claimed this extra as stridhan or dowry in any paper.but cheatingly taken by her pretending for rajeenama when i and my father in police custody.she has given receipt.she has no proof.she has now forbidden to rajeenama and return of extra.
-why I can't recover this extra.
pls clearly advise the root of confusion.
Thanks!
prabhakar singh
(Expert) 22 August 2011
WHAT DO YOU MEAN BY "CHEATINGLY" IF SHE TOOK AWAY WITHOUT KNOWLEDGE?????
AND WHY NOT YOU ARE BRINGING FACT IN ONE GO,WHY COULD NOT YOU WRITE EARLIER ,YOUR MOTHER DIED 18 YEARS AGO.
HALF IN HALF OUT CAN NOT PRODUCE A COHERENT THOUGHT IN ANY MIND.
Querist :
Anonymous
(Querist) 22 August 2011
Dear Sir,
Thanks!
I bag ur pardon for not bringing my case in one go.
""Cheatingly means she with her father at the police station while I and my father were under police custody,promising for compromise/(sending wife back to my home) and return back to us the whole articles and jwellery incl.excess jwellery,had taken all articles and jwellery incl.excess with signing the receipt of jwellery and other articles from the police (without our written consent).((Actually,Almirah taken to police station and the key were in possession of wife.police called her to unlock almirah.she unlocked and withdrew all jwellery with other articles from it.we did not know where she had kept jwellery.))After taking in possesssion she and her father did not compromise and also not returned the excess at the next day but asked some time for compromise and no compromise/return of jwellery till date.*There are four eye witness of this cheating which were present at PS*
--Now a lot of period lapsed and concilliation failed and wife refused to come back and return the excess at social level""so I had to complain agst.wife and her father for excess u/s 420 and 406 to recover the same.
--I.O.says-No action can be taken agst her because it is a matter of woman and excess is to be stridhan being gifted by husband's father, and She had said in her statement before ACJM u/s 498A "she couldn't get written excess jwellery due to her ill mental state while filing 498A and 406 for which she did not get examined from any doctor".
This is not her stridhan in actual but my mother's gold which was entrusted to her by my father.My mother had expired 18 years before my marriage.There is only me and my 68 yers father in my family.she has not claimed this extra anywhere/in divorce and 125 etc.she has no bill/presented no proof.she filed divorce then 498A and then 125(False cases ).
For the gifted jwellery by my side she had already claimed and received which is other extra for which I have not complained of.Only I complained on documentary basis for excess.
Pls advise me in this complicated situation.
Thanks with regards.
