Mis. J F (Student) 04 December 2012
Please I need information regarding the issue, like if a wife has filed a case against her husband and in laws under section 498A , Domestic violence Act 2005, and DP act. And the wife was a working women, and her salary was utilised by her husband and in laws.
How could she claim for it? Apart from the dowry ,ornaments and dresses given from her mothers side, also can she claim for the jewellery and dresses given from boys side.
Thank you.
rajneesh mehta (lawyer) 06 December 2012
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. Section 27 and Section 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 Section 406 of the indian penal code.
Hope you understand now clearly.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
