Dowry items not recovered
pinki
(Querist) 07 June 2014
This query is : Resolved
dear sir/ madam
I m resident of Maharashtra. me and my 6 months old daughter had been thrown out of house on 3/3/14 at 11.30pm
I have filed a case of 498a &406 against my husband and in laws after councelling by women cell is failed. they have got interim bail from thane session court. meanwhile recovery of dowry items is done but they denied to return cash and ornaments by saying that no dowry was given to them. investigation officer and senior police inspector is not cooperating with me because my in laws seek some political influence of local MLA. the interim due date is 26/6/2014.i m very much harassed by local police I m in dark now what should I do please guide
Devajyoti Barman
(Expert) 07 June 2014
The stridhan if not returned by in laws or recovered by Police is very hard to get back.
Rajendra K Goyal
(Expert) 07 June 2014
No other alternate but to proceed with the case. It would be difficult to establish / prove that police is impressed or favoring other party. You can demand your stridhan if you can prove that it is in the custody of your in laws.
malipeddi jaggarao
(Expert) 08 June 2014
Engage a local advocate who can help you in all respects.
ajay sethi
(Expert) 08 June 2014
continue with case on merits . what is the evidence that cash was given at time of marriage . is it declared in income tax returns? was it deposited in your husband account?
Raj Kumar Makkad
(Expert) 08 June 2014
The section 406 IPC shall get imposed against the accused persons and you are required to continue insisting over your demand. You can move an application before the concerned court seeking impartial enquiry of the case through a senior police official. Change of IO can definitely be demanded.
K.K.Ganguly
(Expert) 08 June 2014
1. If the police has not acted to recover your Stridhan, then file a WP before the High Court against police inaction,
2. You shall have to continue with the case already filed by you with evidence of your Srtidhan taken by your inlaws.
pinki
(Querist) 10 June 2014
thanks for information. How can their bail be cancelled as judge called me up at session court on the due date of bail 26/6/14? io did not give us any information about it, but i came to know by some unofficial source.
K.K.Ganguly
(Expert) 10 June 2014
1. Why do you want their bail to be cancelled? You want your Streedhan back or to take revenge on them.
2. Indian law does not permit revengeful steps,
3. However, if they are found to be influencing the witnesses, destroying the evidence and planning to run away, then only you can file an application before the Court praying for cancellation of their bail.
Raj Kumar Makkad
(Expert) 10 June 2014
Unless you get notice from the Court, you need not to apply for the cancellation of the bail or to attend the court in person, however, your lawyer can take part in the day to day proceeding of the case.
T. Kalaiselvan, Advocate
(Expert) 11 June 2014
If the hearing on final bail application is posted to the said date, you may file an intervene petition before the court stating that the accused is reluctant to return your streedhan 'Jewels' and the cash given to him during the time of marriage, hence he may not be enlarged on bail until he gives an assurance to return the same immediately either before the court or before the police station. This may help you to recover your property in the event of police not cooperating.
pinki
(Querist) 14 June 2014
thank u all for showing me right way. i m an educated woman but unable to work because i have my little daughter. i have to take care of her as nobody is there to look after her. as my husband is not giving me any financial support from last six months and now it is difficult to stay with my brother`s family. many people are saying me that i will not get any maintenance due to my high qualification. how can i seek maintenance at a right proportion for me and my daughter?
Raj Kumar Makkad
(Expert) 14 June 2014
You can definitely seek maintenance for yourself as well as for your minor daughter under your custody as you are still not earning hand and your husband has a good income.
T. Kalaiselvan, Advocate
(Expert) 15 June 2014
Despite you are highly educated, since your are not able to attend any employment and you are not actually employed now, you may file a maintenance case under the provisions section 125 Cr.P.C. seeking maintenance for yourself and your child to the same proportion conforming the status of your husband.
ajay sethi
(Expert) 15 June 2014
file DV case and seek maintenance and alternative accommodation form your husband
