Query for 498a
Nikita Chokshi
(Querist) 19 May 2016
This query is : Resolved
Hi
i have filed a 498a against my MIL,husband and 2 SIL. i m hindu and he is muslim and marriage is registered with nikah. so cant i claim my streedham??? doesnt muslim law have any amendments for women jewellery?? i dont have the bills. and all the pics of marriage are left with him. during panchnama even the cops asked them to show the marriage album so they said they threw it away. what can i do please help.
Sudhir Kumar, Advocate
(Expert) 19 May 2016
you said
"i m hindu and he is muslim and marriage is registered with nikah"
please elaborate exactly what do you mean.
whether it is a marriage under Spl Marriage Act.
whether it is Nikah (without your conversion) and later registered like any other marriage.
correct facts in this regard will help me to discuss whether his life can be made more miserable.
Sudhir Kumar, Advocate
(Expert) 19 May 2016
doesn't Muslim law have any amendments for women jewellery??
Muslims have no immunity from any criminal law so there is no need of any amendment, In terms of dowry act and IPC S/406, they have no right over your streedhan.
Sudhir Kumar, Advocate
(Expert) 19 May 2016
"i dont have the bills. and all the pics of marriage are left with him. during panchnama even the cops asked them to show the marriage album so they said they threw it away. "
at least your statement is there. anyway you have to pay for trhe stupidity of not keeping any photograph.
Rajendra K Goyal
(Expert) 19 May 2016
Reply the questions from expert Sudhir Kumar.
Nikita Chokshi
(Querist) 19 May 2016
Yes my marriage was done in both ways pheras and nikah......but the nikaj nama was registered in the court n i was made an affidavit of conversion......
They kept saying in front of the cops that she didn't get anything from her parents house.....out of the jewellery i m claiming 1 necklace was given by my mother.....but dont have bill.....and lots of silver utensils were given by my relatives.
Nikita Chokshi
(Querist) 19 May 2016
Yes my marriage was done in both ways pheras and nikah......but the nikaj nama was registered in the court n i was made an affidavit of conversion......
They kept saying in front of the cops that she didn't get anything from her parents house.....out of the jewellery i m claiming 1 necklace was given by my mother.....but dont have bill.....and lots of silver utensils were given by my relatives.
Nikita Chokshi
(Querist) 19 May 2016
I had 1 picture of that reception where i was wearing the jewellery......and i wore the same set for his sisters wedding too.....which i submitted during the fir process
My lawyer n i are going to file DV case tomr....can i put a request in the court to ask them to submit the photos....they had pithi and mehndi pics......how can they not have wedding pics..
Dr J C Vashista
(Expert) 19 May 2016
Proceed as advised by your lawyer maintaining full faith in him/her.
T. Kalaiselvan, Advocate
(Expert) 23 May 2016
You can claim your stridhan and also can file domestic violence case agaisnt him besides other criminal cases.
You may cling to your lawyer's advises on all such further issues to solve the problems practically.
Nikita Chokshi
(Querist) 23 May 2016
can i claim for streedhan if my marriage is registered under nikah???? we are procedding for DV case in any case.
SAINATH DEVALLA
(Expert) 23 May 2016
Gifts given by the brides family to the bridegroom at the time of nikah is called Mahr.Even a rupee given is recorded by the qazi performing the nikah.Everything has to be returned by the husband at the time of talaq or official divorce through court.
Rest as adviced by the above legal experts.
Nikita Chokshi
(Querist) 23 May 2016
thanks but again there is a catch. the nikah happened in isolation on 14th Aug registered on 16th aug.
but for the social purpose the reception was done on 13th Nov where again a mock nikah was done after pheras on 12th Nov and i officially started staying with them after 13th Nov.
all the jewellery were given before 13th Nov. from aug to nov we were trying to convince my family.
Nikita Chokshi
(Querist) 23 May 2016
nothing was given to me in nikah. all the gifts and jewellery were given in the 13th nov reception. all pics are with the grooms family.
SAINATH DEVALLA
(Expert) 23 May 2016
Now the suggestion given by Sr Adv Kalaiselvan should be followed.
