Wife filed return of stridhan
Happily Divorced
(Querist) 08 April 2015
This query is : Resolved
under HAMA(hindu adoption and maintenance act) section 18. I have gone thru the act, it only says about the maintenance. Can she claim stridhan under this act and section? what will be the procedure, will they conduct an enquiry? how would that be?
She has made huge list and provided old bills for those articles. I dont even know if those articles exist. And some gold they gifted me as part of the wedding, about 10 sovereigns, can she claim that too. It is a gift right? because whatever I gave that she is claiming as her stridhan
how come court accepted her petition of claiming stridhan under HAMA section 18?
SAINATH DEVALLA
(Expert) 08 April 2015
Stridhan, it appears to be a term that would only be recognized as such under Indian courts. But don't worry, the concept applies under local law. But it's different in each state, so I can't give you more details on how to do it without knowing what state the divorce the divorce is pending in.
Misappropriation of Stridhan by the husband's side is a crime punishable by the provisions of IPC Section 406 (Criminal Breach of Trust). There are conflicting views regarding that component of the Stridhan which has been gifted by the husband's side. Some experts say that taking back such gifts attracts only civil liability, while others maintain that this attracts IPC 406 (Criminal Breach of Trust), which is a criminal provision.
On the other hand, any gifts given by the wife's side to the husband's side are to be returned if and when the marriage collapses. If these gifts are deemed by the court to have been given "in consideration of marriage" (as a price for marriage), then this is considered as dowry, and the husband's side is liable under the Dowry Act for imprisonment and fine for demanding this or accepting this.
Devajyoti Barman
(Expert) 08 April 2015
In HAAM Act there is no provision for return of stridhan articles.
Rajendra K Goyal
(Expert) 08 April 2015
Return of stridhan articles is not covered under Hindu adoption and maintenance act.
M/s. Y-not legal services
(Expert) 10 April 2015
for further clarification you may vist the following thread...http://www.lawyersclubindia.com/experts/Streedhan-531946.asp#.VSfjevmUfzk.
T. Kalaiselvan, Advocate
(Expert) 12 April 2015
Well advised by experts, you may visit the link provided by expert Mr. Thangapandian, in which he has given an elaborate explanation about the subject query.
Happily Divorced
(Querist) 13 April 2015
Thank you Sir's.
Thank you learned advocate Thangapandian sir, the link you shared has got very useful information and it is very clear.
