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ABHISHEK B (Bekaaar)     19 April 2012

406 related query

Wife filed 498A and 406.

Wife produced a huge list of not just imaginary jewellery but also pillows, pillow cover, bed cover, etc etc......pheeew.

Not just cloths belonging to wife, but police took away even my cloths in its custody, which were given by my parents as well as the out-laws.

Now, as per the IO, any cloths given by the out-laws is Stridhaan.

I want to know, what is the actual definition of Stridhan ? 

1) ANY item given by outlaws during marriage to husband, husband's family or wife.  >> Version of my IO.

2) Any item, which can be solely be used ONLY by wife.  >> What I learnt from forums.

 

My father also signed a copy of doc, mentioning the items police took from our house. Unfortunately, we don't have the receipt for my cloths which we bought during marriage purpose.

So, for clarity sake, what exactly is Stridhaan ??

Although I am least interested in those cloths, but does it in anyway helps me later if I prove that police took my cloths during Stridhan retrival ?? 



Learning

 5 Replies

Never Give Up (Fighter)     19 April 2012

Whatever wife gets from their in-laws during marriage life is stree dhan.

 

Husband need not return any gifts which were given to him during marriage life.

ABHISHEK B (Bekaaar)     19 April 2012

Is it anything that wife gets

OR

Is it anything that wife gets for her SOLE use ONLY ?

 

Else how can, wife claim that pillows, pillow cover, bed-sheets, etc were given ONLY to her during marriage ? Ain't these items for mutual use ?

How can taking my marriage cloths be justified by police then ?

Now that police came and took these belongings. Can I use this argument at any later point of time ?

Harish Wani (student)     19 April 2012

Stridhan is a traditional practice that was primarily meant to provide women with some level of economic security in adverse situations like divorce, widowhood, etc.

Among Hindus, it is interpreted in various ways; in general, stridhan is defined as that portion of a woman’s wealth over which she alone has the power to sell, gift, mortgage, lease or exchange — whole or in parts. Usually, stridhan is passed from mother to daughter, unless the woman decides otherwise. Any dues from her can also be recovered from her stridhan.

Besides the ornaments and trousseau given at marriage, stridhan also includes all the gifts of money, property, jewellery and so on received by the woman before, during and after marriage from her family, her husband’s family, friends and even strangers.

It includes property inherited by the woman from her family or husband’s family; property received by her under a compromise, adverse possession or in lieu of maintenance; property obtained in partition; and property bought using proceeds from stridhan.

However, gifts to the husband by the woman or her relatives will not be part of her stridhan.

In the case of a working woman, the law under Section 14 of the Hindu Succession Act, 1956 enumerates that the property acquired by means of a woman’s earnings, during her maidenhood as well as widowhood, is her stridhan.

Importantly, a woman who does not wish to accept stridhan cannot be forced to do so; she can also choose to accept or reject the gifts given to her as part of the stridhan.

1 Like

ABHISHEK B (Bekaaar)     19 April 2012

Thanks for details Harish,

However, all I want to know is, incase the IO in the name of collecting Stridhan, also took cloths which belongs to me, what legal proceedings can I pursue against the IO ?

Further, can I file any case against my wife and out-laws, that they have even taken my belongings post filing 406.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 April 2012

Anything which she got for her sole usage or joint usage with someone else.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

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