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(Guest)

498a

Dear Experts please guide me in getting my streedhan from in-laws and how to proceed further. 498a cross was done last week. Since the year beginning husband Adv, pressurising my Adv, for compromise stating they'll pay us. I told my adv ill proceed with case and asked them to return my jewellery apparel and personal belongings. Now my Adv, is asking me to compromise for money as case is about to close in 3 to 4 months and husband will be free of the case , later he may not pay and that may not return my things too.406 506 is filed in 498a case. He advised to take divorce also. Please help me with your advice.


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 5 Replies

Ms.Usha Kapoor (CEO)     22 June 2017

Ask for a decent Alimony and Divorce by  Mutual consent and return of Stridhan under 406 IPC..Then According to 406 Anyone in whom trust is reposed and  given something he in his possession holds in trust for the giver. Dowry related articles etc  belonging to your wife  your husband      must return.Otherwise you will be liable for criminal breach of Trust.498 A i9s likely to be quahed.Avail this opportunity and get decent,lump sum Alimony AND MCD.

Advocate Suneel Moudgil (Advocate)     22 June 2017

how can u or ur lawyer say husband will free?

it is advised you to consult your case with some other prudent lawyer for second opinion, if your case is strong enough then no need to worry and settle on your own terms else settle accordingly. 

Sachin (N.A)     22 June 2017

Originally posted by : Zoya
Dear Experts please guide me in getting my streedhan from in-laws and how to proceed further.
498a cross was done last week.
Since the year beginning husband Adv, pressurising my Adv, for compromise stating they'll pay us.
I told my adv ill proceed with case and asked them to return my jewellery apparel and personal belongings.
Now my Adv, is asking me to compromise for money as case is about to close in 3 to 4 months and husband will be free of the case , later he may not pay and that may not return my things too.406 506 is filed in 498a case.
He advised to take divorce also.

Please help me with your advice.

 

It is best in your interest to mutually settle the matter then to waste your life in wandering in court. It is not easy to prove the list of your stridhan and to get back from your in-laws. Aquittal percentage in 498a case is 98%. Even if your in-laws gets conviction in the case they will not be arrested and will be given time to appeal in HC. and you will not get anything. 

So, you should amicably settle the matter.

 


(Guest)
@ Usha Ma'am, Suneel Sir,Perfect Solutions and Sachin Sir Thank you all for your valuable advice.

Sudhir Kumar, Advocate (Advocate)     26 June 2017

facts of the case are not stated so it is difficult to agree ro disagree with these views.


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