Poonamsimrat (need justice) 02 December 2014

Regarding istridhan

hi i filled case in women cell and in court

now my case tranfer to mediattion centre where my husband clearly say he want divorce

Also want custody of my 1 year old daughter also he say he dont give any my istridan because their is no law regarding given istridhan to wife after seperation

please guide me regarding this ASAP.

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Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 03 December 2014

Since you have not mentioned about what case you have filed in court I cant comment on that. But then your husband is bluffing outrightly. Criminal law, civil procedure code as well as the specific relief act entitle you to get all your stridhan back after separatation. In fact you can claim the same even before separation.

There are numerous remedies to solve your problem.

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Poonamsimrat (need justice) 03 December 2014

i filled DV case and maintence for me & daughter in court

Adv k . mahesh (advocate) 03 December 2014

Ms. Poonam

as already you have filed Dv case some details about stridhan i want to highlight you and i think your lawyer also will say the same about the same

LAW IN DETAIL

The Supreme Court in Prathibha Rani Vs Suraj Kumar (AIR 1985 SC 628) has observed that stridhan property of a married woman, even if it is placed in the custody of her husband or in-laws, they would be deemed to be trustees and therefore are bound to return the same when demanded by her. A person who denies a woman her dowry-property or stridhan as explained above is guilty of the offence of criminal breach of trust u/s 405/406 of the IPC.

The offence of criminal breach of trust is punishable with imprisonment up to 3 years or

fine or both.

It is a cognizable, compoundable (up to Rs.250 only) and a non-bailable offence.

PROCESS FOR SOLUTION

Complaint Under which Section ?

Section 406 of the Indian Penal Code

Whom to complain / where to complaint?

Any person may make a complaint regarding the denial of a woman’s property to her to the nearest police station where an FIR will be lodged. The Metropolitan Magistrate or First Class Judicial Magistrate has the jurisdiction to try the offence of criminal breach of trust.

How to file the Case ?

The concerned woman may file a complaint against her husband or in-laws either in the police station or to the concerned Magistrate. The list prepared at the time of marriage of the gifts received by her will be useful to prove her ownership of the alleged property. If it is a continuous offence, the limitation is begins afresh each time she makes the demand.

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