Stridhan related query
asmita0009
(Querist) 28 February 2012
This query is : Resolved
Dear Sirs,
Just after one week of marraige my Husband had started mental Harrassment and sent me to my maternal Home. But as without taking advise of my relatives, i left the home and leave my all stridhan at my matrimonail Home. Appro 80% stridhan is given to me from my parents. We have Bills and evidances for the same.
Then after leaving the Home My Husband had filed Nullity petition against me and Now case is going on in court. From the 1st day i had clear the Hon court and Advocates of both sides, and councillors that i want to get back my stridhan first. It is my own property and as per Hindu customs and laws i am entitle to get them back. so, court should have to starts the hearing first on this Application. But the Judges and advocates and couincillors had the opinion that streedhan matter can be taken in at the end of case.
So, due to various reasons since last 3 years the hearing could be start on stridhan. Meanwhile my advocate had started cross of the petition and now it is in initial stage.
So, what is the actual truth? How i can get my stridhan back as soon as possible?
Raj Kumar Makkad
(Expert) 28 February 2012
You would have filed a criminal case under section 498A/406 IPC for that purpose. You can file this case even at this stage. This is the fastest way to recover the istridhan lying with the matrimonial home.
You can also file DV case.
V R SHROFF
(Expert) 28 February 2012
You file DV Act,2005, ask stidhan, will get within 60 days, along with maintenance and residence order interim order.
Kirti Kar Tripathi
(Expert) 28 February 2012
Streedhan is exclusive property of a lady, the husband or his family members are only trusty of such property in the absence of wife. If they uses or misappropriate or otherwise deny to handover, the same, the wife has civil and criminal remedy both under the law.
Shonee Kapoor
(Expert) 28 February 2012
Nothing to add.
However, if the things are settled mutually, it would be beneficial for both of you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sanjeev
(Expert) 28 February 2012
The streedhan claim that you are making is in the nullity case which is for a seperate cause and streedhan recovery wont be heard therein in the case proceedings.
In case you want to seperate propose a Mutual consent divorce and settle therein the terms as to alimony and streedhan return therein.
Sudhir Kumar, Advocate
(Expert) 29 February 2012
Even if you have no bills of stridhan it does not mean that you had none. You cannot have list of ornaments given by the parents of groom. Genrally there cannot be bills for entire jwellery givne by either side, it is generally partly available in the family much befoe marriage and even coming from earlier generally. Some gold/silver is only re-cast to suit latest fashion. You may be having video recording and photographs of the jewelery adorned at the time of marriage. Oral evidence of your parts.
The only difficulty can be that if the stridhan was purchased by your parents from ill-gotten money (bribery/ tax evasion /other crimes) then they can be fixed in the proper law relating to said income. But this will not effect your claim against husband.
