Doubts while going for rcr

@Author

Q1) No case has been filed from them.Only harrassment is going on. I am currently in Abroad. Got the Anticipatory Bail already for my family members.

If I send RCR what are the possible cases they can file on me or my family?

A1) What baseless cases do you expect? They can file all type of cases whatever possible :) But why do you worry? Your parents are safe with AB and you are safe abroad. So let them file cases and then the allegations would show how safe you are.

Q2) After sending RCR , they have any legal way to ask 'return sreedhan items' except 498a and without going for divorce?. I know they will accept RCR and send my wife if I return everything. But I dont want to do.

A2) First thing. You should understand what is RCR. Under provision of Hindu Marriage Act you have been given conjugal rights. So under RCR you claim them if your spouse if not ready to live with you. Then court sends notice to your spouse to join your company or explain any reason why she is not ready to live with you.

Now if she is ready to live with you then there is no valid claim of Streedhan. Streedhan is for wife not for her maternal parents. So wherever she plans to stay she has right to keep the Stridhan there.

Q3) 498a - This can be used only for making false case against honest husbands by saying that husband is demanding for dowry. This law is not for getting the dowry items back?

A3) No. There is no such provision which provides for return of Stridhan but courts direct in every case for its return. Why are you resistant in returning Stridhan?

Q4) I am ok if they go for divorce. In that case I will return everything legally. Still my wife can claim maintanence?.She is post graduate and was working before marriage and not working currently.

A4) Maintenance is very critical matter. There are many things which a court considers before granting maintenance. If you are at fault and not ready to take your wife back then you are responsible to maintain your wife. But if your wife herself lives away from you then you are not requried to pay maintenance.

Also, if she can prove that she cannot live with you because you harass her then also she is eligible for maintenance ELSE NOT.

Q5) I am currently in abroad. Is our current legal system supports to initiate and handle RCR counsellings from conference? Or My lawer or My family member can handle all these on behalf of me?

A5) Yes. Your lawyer and family can file an affedavit on your behalf and file for RCR.

//peace

/Saurabh..V

@ Author,

Allow me yo add to what Saurabh said in para Q 3 / A 3;

S. 27 of the Hindu Marriage Act, 1955 says that in any proceeding under this Act, the Court may make such provisions in the decree as it thinks just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife. Refusal by husband to return the gift items given to wife at the time of marriage makes the husband liable for prosecution. The section does not bar the right of the aggrieved person to file criminal complaint under S. 406 I.P.C., if property belonging to the complainant is criminally misappropriated by the accused. The section empowers a Court while deciding a matrimonial dispute to also pass a decree in respect of property, which may jointly belong to both the husband and wife. This section at best provides a civil remedy to an aggrieved wife and does not in any way take away her right to file a criminal complaint if the property belonging to her is criminally misappropriated by her husband.

The application for this purpose must be made before the termination of matrimonial proceedings. Property belonging jointly means joint user and not joint ownership. Any property presented, from any source, to any one of the spouse at or about the time of marriage, which have been in joint use can be regarded to belong jointly to both of them.

In an application for return of presents given at the time of marriage there must be pleadings that the articles belonged to both the spouses jointly else Court will have no power to pass an order. With regard to an item of gift which was made to any of the spouses alone, trial court can not reject an application on the ground that S. 27 HMA is meant for joint property only and does not cover the properties given individually to bride-groom and bride.

The gifts made to the girl before, during and after the marriage by the father, mother and brother present-in-law of the girl are the part of the Stridhan. S. 27 HMA and S. 14 of the Hindu Succession Act do not abolish the concept of Stridhan. She is the absolute owner of such properties and can deal with it in any manner she likes. The husband has no right or interest in it, except that in the lines of extreme distress as in illness etc. Though the husband can utilize it but he is bound to restore it when he is able to do so. When husband refuses to return Stridhan property of wife, she can take recourse to above provisions to recover the same. These provisions provide alternate remedy to the wife apart from criminal proceedings under S. 406 of the Indian Penal Code.

Now here in your case if you file RCR and she agrees to return to you then she is within her rights to file S. 27 HMA at the time of passing RCR decree in your favor. The tendency of Court is to pass S. 27 HMA and by which she will get return of her stridhan and simultaenously fool you not to return to cohabitation later on. But the caveat here is that once proper handign over of stridhan done with you are free to Execute RCR decree in yoru favour in 1 years limitation time. Failign which you can claim for Divorce on grounds of non cohabitation of spouse.

In my opinion a smart civilian female spouse should opt for above instead of using S. 498a / 406 IPC as well as S. 3/4 DP Act + DV Act + S. 125 CrPC + S. 24 HMA which normally they multiple forum hunt for eternity to a simple resolution of stridhan + divorce via above route. It saves time as well as quicker results come and less legal fees are spent by a female spouse and she seeks her freedom ready to marry or continue her choosen profession means returns back to society in  much better shape.

@Sathyanarayanan,

Suggested read:

https://www.lawyersclubindia.com/forum/Part-and-Parcel-of-RCR-24911.asp

Thank you all for providing the right legal directions which really released my mental pressure.

Special Thanks to @Tajobsindia for such crystal clear link creation about RCR.

 My  deductions from above is: there is more to it than what is revealed above. There always is!

However the question here is:

1) What is the reason you want to hold her Streedhan? According to Indan laws streedhan belongs to her.

2) It seems there is a tug of war going on-there does not seem to be trust on either side in the other.

3) The question you should ask yourself is again very fundamental -whether you want your marriage to continue with her or not. Counselling may or may not set things right. Is the lack of trust so bad that it is meaningless to continue .

4) One important factor to consider especially if you think they may be up to something is-if you file RCR and she agrees to come to stay with you then:

a) You can live happily (hopefully) ever after!

b) This may give her the necessary opportunity to collect evidence against you and your family for  later filing of 'women friendly cases'. The harassment that you are facing now will look like peanuts compared to what you will face when that happens!

Each is unique circumstances and not everyone wants to reveal everything. But in light of above replies you can draw your own conclusions. Also you may speak to your lawyer and weigh pros and cons of each action. But always remember once you marry your wife has the 'Brahmastra'.

Scenario 1-File RCR=== wife comes home==collects evidence==husband and family fails to dance to the wife's and family's tune===women friendly laws i.e Brahmastra.

Scenario 2-File  Divorce ==straight women friendly laws== Brahmastra!

Either way it is the same!

P.S: Only my opinion!

Hi All,

Please answer my below question as well,

Q3) Not returning Sridhan: This is because, Lack of trust on her parents.They already opened her fixed deposit (3lakhs rs which is sreedhan amount) with the help of my wife and taken the whole money without informing me.So if I return my control on her jewels(This is purely maintained in locker which is running on her name alone.but she cant open.My fatherinlaw already went with my wife to bank and failed to open.) they will eat her jewels aswell.

This is the main reason they are not sending my wife. Because they already know that they cant take her jewels after sending my wife back to me. And they brainwashed my wife that saying dont go to my place until
I return her locker key and I will eat her jewels ;)

Question: After sending RCR, in the counsellings/response to court, if my wife demand me to return sreedhan control(i.e if she want to give all her sreedhan's under her parents custody) to continue her life with me. (As per current situation she will definitely demand this.)

Will honourable court accept this as a valid demand for her?

But till now I never touched even a single rupee from her sridhan.I can proove this. And I cant continue my life with her if she has the lack of trust on me. In this case what court decides?

It is up to you to decide if

1) There is mutual distrust

2) If you can live together in a situation of mutual distrust.

Once you answer those question you will see the answer yourself!

As per Indian law-you can only be a trustee for her stridhan if she wants you to! If she wants to change that to her parents-that is entirely her prerogative. Your only function is to make sure that you have returned the same back to her, when she demanded for the same. Please document the same for your safety!

It doesn't matter if you have not touched it! It doesn't matter if you are harishchandra personified. You refuse to return the stridhan upon her demand, they can lodge complaint under IPC 406! In your AB you have already accepted that you have the key to her possession!

Dear Sir,

Thanks for the reply.


Wife's family moto:

My wife family provided all the sreedhans at the time of marriage and made publicity

and written everything in notebook(father and fatherinlaw signed).

After marriage all the sreedhan's are maintained on her name(without giving the control to her).

I have sent my wife to their home for the delivery.

They screwed up all the fd amount(Because I dont have contol on that to protect).And tried for her jewels,and land.But I have protected.

They will never go for divorce. Because re-marriage is not at all possible in our caste.

And now my wife family wants to take her jewels and send back her to me.

How brilliant they are...


My moto:


From the marriage day onwards I am maintaining her sreedhan's securely on her name.

I want to get her back without loosing any further sreedhan items and continue the life as it is.

Legal system wont support this?
 

You did not mention about child's death this time.

I thought its irrelevant here. They were at same moto while i was trying to bring them with me when the kid was alive.

If you want to maintain her it is just claim for you to have her streedhan with you so that it compensates for money you spend on her.  If she wants to divorce, then you have no problem returning her streedhan because you don't have to use your money to maintain her at home.  Life is a balance sheet for you. So you need to know the following. Even if you allow her to remain with you, on streedhan she has all the rights.  She can spend it as she likes.  She can even spend the same for her parents if they are not keeping well for their medical expenses. You have no right on her streedhan.

Manu enumerates six kinds of stridhana:

1. Gifts made before the nuptial fire, explained by Katyayana to mean gifts made at the time of marriage
before the fire which is the witness of the nuptial (adhyagni).

2. Gifts made at the bridal procession, that is, says Katyayana, while the bride is being led from the residence
of her parents to that of her husband (adhyavanhanika)

3. Gifts made in token of love, that is, says Katyayana, those made through affection by her father-in-law and
mother-in-law (pritidatta), and those made at time the of her making obeisance at the feet of elders (padavan
danika).

4. Gifts made by father.

5. Gifts made by mother.

6. Gifts made by a brother."

It is, therefore, manifest that the position of stridhan of a Hindu married woman's property during coverture is
absolutely clear and unambiguous; she is the absolute owner of such property and can deal with it in any
manner she likes - she may spend the whole of it or give it away at her own pleasure by gift or will without any reference to her husband. Ordinarily, the husband has no right or interest in it with the sole exception that
in times of extreme distress, as in famine illness or the like, the husband can utilise it but he is morally bound to restore it or its value when he is able to do so. It may be further noted that this right is purely personal to the husband and the property so received by him in marriage cannot be proceeded against even in execution of a decree for debt.

Such being the nature and character of stridhan of a woman, it is difficult to countenance the view of the
Punjab & Haryana High Court in Vinod Kumar Sethi & Ors. v. State of Punjab & An.(l) that the stridhan
property of a married woman becomes a joint property as soon as she enters her matrimonial home.

Citation : Pratibha Rani vs Suraj Kumar & Anr on 12 March, 1985

If you want to maintain her it is just claim for you to have her streedhan with you so that it compensates for money you spend on her.  If she wants to divorce, then you have no problem returning her streedhan because you don't have to use your money to maintain her at home.  Life is a balance sheet for you. So you need to know the following. Even if you allow her to remain with you, on streedhan she has all the rights.  She can spend it as she likes.  She can even spend the same for her parents if they are not keeping well for their medical expenses. You have no right on her streedhan.

Manu enumerates six kinds of stridhana:

1. Gifts made before the nuptial fire, explained by Katyayana to mean gifts made at the time of marriage before the fire which is the witness of the nuptial (adhyagni).

2. Gifts made at the bridal procession, that is, says Katyayana, while the bride is being led from the residence of her parents to that of her husband (adhyavanhanika)

3. Gifts made in token of love, that is, says Katyayana, those made through affection by her father-in-law and mother-in-law (pritidatta), and those made at time the of her making obeisance at the feet of elders (padavandanika).

4. Gifts made by father.

5. Gifts made by mother.

6. Gifts made by a brother."

It is, therefore, manifest that the position of stridhan of a Hindu married woman's property during coverture is absolutely clear and unambiguous; she is the absolute owner of such property and can deal with it in any manner she likes - she may spend the whole of it or give it away at her own pleasure by gift or will without any reference to her husband. Ordinarily, the husband has no right or interest in it with the sole exception that in times of extreme distress, as in famine illness or the like, the husband can utilise it but he is morally bound to restore it or its value when he is able to do so. It may be further noted that this right is purely personal to the husband and the property so received by him in marriage cannot be proceeded against even in execution of a decree for debt.

Such being the nature and character of stridhan of a woman, it is difficult to countenance the view of the Punjab & Haryana High Court in Vinod Kumar Sethi & Ors. v. State of Punjab & An.(l) that the stridhan property of a married woman becomes a joint property as soon as she enters her matrimonial home.

Citation : Pratibha Rani vs Suraj Kumar & Anr on 12 March, 1985 (Supreme Court of India)

So no use keeping her at home along with Streedhan. Because even if you spend her streedhan, you have to restore it when she leaves.  She is absolute liability for you.