Ashu (Advocate) 09 July 2013
The father gave stridhan to her girl in marriage and same was sold by the husband of her girl. The Ld. magistrate refused the contention of 406 ipc on the ground that no specific entrustment was there. Now the question is whether the stridhan (which was admitted by her husband that he has sold it in anger) does not amount to entrustment which is very much implied in marriage relation in hindus???? If any one have judgement in support of will be very much appreciated!!!!!!
Ashu (Advocate) 11 July 2013
Sir,
Thanks for your reply!! Appeal is already accepted but need to ensure success by siting appropriate judgement/citation!!!!!!!!!!!!!!!!!
Entrustment of stridhan to husband or in-laws doesn't change wife's absolute ownership in it to co-ownership or partnership;husband and in-laws are trustees and are bound to return as and when demanded by wife.Consequently criminal proceedings for misappropriation against husband or in-laws are maintainable. (Ref--Prativarani v. Suraj Kumar AIR 1985 SC 628)
Dishonest misappropriation or conversion to own use of Stridhan property by husband or such other person by itself amount to Criminal breach of trust. (Ref-Rashmi kumar v. Mahesh Kumar AIR 1997 SCC 397.
Above two citations,in my view,is sufficient to prove your point.
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