Inlaws took my jewellary also

if you wouold have made a criminal case of 406 then the police could even have searched the house and locker.

File a criminal case against your mother in law and husband u/s.406IPC with an order of search warrant for recovery of the property lying in the Bank's locker.

I agree with above experts. But it has to be clarified What locker,? Bank locker or House locker?

You can get this relief by filing DV case or S.406 IPC case.  But the problem is that you have to prove that jewellery lying in locker shall be your "stri-dhan".  Otherwise, you cannot claim them.  As this problem is rampant in India that at the time of marriage, the bride's family does not take precautions to prove the purchase of stri-dhan articles as well as handing over the huge amount of dowry, in addition to the marrige expenses solely borne by the girl's side in ostentatious manner, they cannot recover any of them, despite a law is there in statute book.  To circumvent these problems, to retrieve these costly materials, the bride resorts to Section 498-A knowing fully well the difficulties in proving the charges in Section 498-A.  The judiciary, most of the times comes to the aid of the lady, and put moral force on the boy and his parents to return the Stri-dhan articles before granting the bail.  As the jail is hanging on the neck, the boy comes out to hand over the stri-dhan articles to get anticipatory / regular bail.  Thus, the socalled fake 498-A cases come into existence to retrieve the stridhan from recalcitrant boy's family.  If there would be no dowry, no demand of stri-dhan and no ostentatious marriages, the Section 498-A cases automatical die away.

You can always get it back, if the divorce proceedings are going on as per the provisions of HM Act, you may file an IA before the same court for return of properties u/s 27 of HMA or can lodge a police complaint u/s 406 of Cr.P.C.  Streedhan is women's exclusive property, nobody can deprive her of her rights over it.

streedhan is exclusiverly property of wife who bring from her parental house as marriage gift and no one can claim 

as already your divorce case is going on file an IA through your lawyer and what all the ornaments list and mention in that and your lawyer will fight for there possession

Originally posted by : Adv. Chandrasekhar
	You can get this relief by filing DV case or S.406 IPC case.  But the problem is that you have to prove that jewellery lying in locker shall be your "stri-dhan".  Otherwise, you cannot claim them.  As this problem is rampant in India that at the time of marriage, the bride's family does not take precautions to prove the purchase of stri-dhan articles as well as handing over the huge amount of dowry, in addition to the marrige expenses solely borne by the girl's side in ostentatious manner, they cannot recover any of them, despite a law is there in statute book.  To circumvent these problems, to retrieve these costly materials, the bride resorts to Section 498-A knowing fully well the difficulties in proving the charges in Section 498-A.  The judiciary, most of the times comes to the aid of the lady, and put moral force on the boy and his parents to return the Stri-dhan articles before granting the bail.  As the jail is hanging on the neck, the boy comes out to hand over the stri-dhan articles to get anticipatory / regular bail.  Thus, the socalled fake 498-A cases come into existence to retrieve the stridhan from recalcitrant boy's family.  If there would be no dowry, no demand of stri-dhan and no ostentatious marriages, the Section 498-A cases automatical die away.

How come DV comes here in picture? this is the best example of how the advises are given to misuse the laws and ultimately it went to turmoil breakdown of family and marriages.

Let me be the one to pour cold waters. It is unlikely that any recovery would be effected in 406 case. At max the court may try to mediate and you get some amount in lieu of alleged jewellary articles. Because Bail proceedings are not recovery proceedings

The absence of bills would make the matters further tougher for you.

In any case 406, the accused can be punished for breach of trust, for recovery of the jewellary, the suit of recovery is a better option, but for that you would need to have bills.

Regards,

When the querist has no cash memo of her Jewelleries Suit for recovery will not be fruitful instead if she  file a criminal case u/s.406IPCwith an order for recovery of goods from the Bank's locker by Police. THEN IN AN EASY WAY GOODS RETAINED BY MOTHER IN LAW CAN BE RECOVERED.

Retaining the wife's stri-dhan articles and even after demand not return them to her is econommic abuse and it is a part of domestic violence and there is a specific provision for recovery of stri-dhan in expeditious manner in DV Act.  Some of the men, who fight for their own cases, with male centric view point jump on to attack the legal advice given by advocate to inquisitor for the sole reason that it is not his liking.  If he likes or not, the law stands there as it is and it is meant to achieve its purpose.  If a woman after marriage comes to this forum seeking legal advice for recovery of her stri-dhan is itself evident that the relationship has reached to fragile stage.  Either public pressure or police pressure or court pressure only force the greedy in-laws to part with the stridhan, which lawfully belongs to the wife.

I subscribe the view point of Mr. Shonee Kapur.  Whatever the legal course she will opt (either civil, where she has to pay court fee advalorem and makes the suit costly or DV case, which provides speedier or S. 406 IPC), the burden lies on the wife to prove the ownership of those articles.  Mere statement that her stridhan is lying in MIL's locker cannot get her relief.  That is why I always advise the brides to video record the engagement, marriage ceremonies and obtain sales receipts for the costly jewellery in the name of bride and if ancestral jewellery is gifted to bride by grand parents or parents, a document be registered and the dowry transaction has to be shown in their bank passbooks.  It is quite natural that the boy or his parents will not take dowry by cheque or draft and demand in cash, so atleast show the withdrawal of such amount in bank transactions at or about or immediately after the time of marriage.  It will save the future if the marriage turns sour.

Dear Mr. Roy,

Please advise that whether it is necessary that the items would be recovered and bail won't be granted otherwise.

The onus to prove is on the complainant and in the absence of bills, how would she prove it.

Regards,

Mere video recording of engagement and marriage ceremony and cash memos of valuable jewelleries shall not be a  valid proof  to identify the goods according to Evidence Act unless identification marks are disclosed.  Whereas if the bride files her application under sec.406IPC along with the list of Jewelleries entrusted to her mother-in-law stating their design and if by virtue of the order of recovery those ornaments are recovered FROM THE BANK'S LOCKER then the allegation under section 406IPC  shall be well proved.

The transgression of breach of trust u/s 406 holds only when the complainant have ample evidences against the accused.

Or else this IPC 406 to recover streedhan is a match without refree...

The verdict will be a prolonged story or you may say both husband or wife will see two decades without conclusion. 

The best way of this kind of cases are amicable talks and come to genuine settlements without hampering any ones peace.

Good luck:)

ESIS

This forum when approached will be obliged to guide the distressed the path for solution/remedy, thus there is no reason for an argument and quote practical difficulties in each and every measure to be adopted.  In practice, lot more hurdles have to be overcome but keeping silent fearing to face the situation will not at all provide any solution to any problem.  Therefore there is nothing wrong in guiding the querist of the right paths, let she decide about further course of action.