Sthridhan

Originally posted by : Anonymous Iyer
	Respected all, My DV case is running and I have been ordered a very minimal amount as maintenance. Op has evaded evidence in spite of repeated quests from magistrate. I paid monthly maintenance only once. Arrears ( from the date of petition- seven months) pending. Whenever op lawyer puts up the prayer "arrears, your honour" , judge retorts , "evidence first".this happened on three dates. May be, to evade drastic action from the magistrate, op came up with a new tactic. There was an application for return of sthridhan. I have never refused to to give back whatever was left in her matrimonial home. Her items were always under her custody only. No 406 on us. Only DV and 498a after I filed for divorce.the number of items tally with whatever is written by them.Only that they have multiplied the weight into three. Even though we have never bothered to verify, her own father had stated during wedding that all her ornaments may weigh around 120 grams. In this application, Dv and FIR, it is more than 300 grams. Magistrate said, the application needs to be investigated. Should I protest their delay tactics for giving evidence? Sachin has once stated that I can file an affidavit under section 35 or something like that. I want Sachin to explain it again. Even during maintenance arguments stage, we have demolished all their lies with solid proof. Even the charges by themselves are funny and flimsy. They gave me a small chain and a ring during the functions even after I said ' no' . They have given her some silver Pooja articles. Now they write that it is given to me as per the demands of my parents. They say the silver weigh 31/2 kilos. All these years I have not taken a single paise from them. But now I want to know the following They have stated under oath that these silver , chain and ring are given to me. So I presume that as per law this does not come under the category of stridhan. The law says , anything givens to the wife by her parents, in laws, or other relatives, during the marriage or even subsequently becomes part of her sthridhan. It should be the same for men also.is it not? I do not intend to return the chain, ring or silver as they say that they have given to me. I need to teach theses greedy ones for lying through their teeth. Once it is decided that I need not return these, I wish to give these to some charity, but not to these people. Waiting to know your valuable suggestions in the interest of justice. The way they boast that the law favours women. I like to say it is not so , in my own little way.

That much is enough to catch you and put you behind bars. Anonymous Liar.  In few years time all this fat will vanish, what will be left is skin and bone.  Then you will be crying in one eye,  That will be the right for you.

Mr Liar,

I advise you to bring back wife, fall to her feet and apologize, for thats the only way to reunite with her and start afresh.  Have some respect for women and more so for yourself, just having s*x and tying knot wont make you man,  what is required of a husband is to understand your wife and be a partner not a competitor.  Hope you will reconcile with your wife. Good luck.

If you appreciate my reply kindly click on the like button here or on my profile page by visiting it, whose link is given below amd convey Thanks !

https://www.lawyersclubindia.com/profile.asp?member_id=84464 Iknow you wont, but thats ok, once fat will vanish then you will remember to say thank you also !

But you fail to explain what is the actual matter here.  Why is there marital discord in the first place?  If have opened thread only for sachin, it is best you exchange numbers and take direct wrong advise than spoiling overall forum mood.  I hope you understand.

Originally posted by : Anonymous Iyer
	Sachin has once stated that I can file an affidavit under section 35 or something like that. I want Sachin to explain it again.

Dear   Anonymous Iyer,

As much as I remember,.............

At that time your question was " she is delaying in filing evidence"

So, i suggested you to file Application u/s 35b CPC i.e. Cost for causing delay

But today your question is about stridhan I have replied this through PM but still I am posting my reply here so other members of LCI can give their opinion on my reply also.

There are different opinion among lawyers upon the point whether to accept list of stridhan or not.

1. Accept the list of stridhan

2. Deny the list of stridhan

3. Partially accept means admit which is correct and disagree which is incorrect.

My view: If there is any item like car or any other movable or immovable property , Means item she can prove only to admit that item and not other.

Reason: If you agree partially that this much of gold is with me it means you are  admitting that you are having possession of her stridhan and if you disagree. then she has to prove three things.

1. She purchased those items

2. Items were gifted in marriage.

3. Items are still in your possession.

Proving these three points are very difficult.

What to do if you not able to decide what to say?

In case you are confused or want to linger on the case say to court that " List of stridhan is not maintainable as it is not prepared as per the procedure mentioned in Dowry Probation Act, Section 2 (Read the section) and she has filed this false list only to avoid stage of prosecution evidence because case is false and she doesn't have any evidence"

Most judges biased, wont even allow cost if asked by husband.  Its waste to give one more paper. One more paper, three more dates.  One date equal 4 months?  Thast the case of anonymous liar  oops higher.. oops iyer 

Originally posted by : Sachin
	But today your question is about stridhan I have replied this through PM but still I am posting my reply here so other members of LCI can give their opinion on my reply also.   There are different opinion among lawyers upon the point whether to accept list of stridhan or not. 1. Accept the list of stridhan 2. Deny the list of stridhan 3. Partially accept means admit which is correct and disagree which is incorrect.   My view: If there is any item like car or any other movable or immovable property , Means item she can prove only to admit that item and not other.   Reason: If you agree partially that this much of gold is with me it means you are  admitting that you are having possession of her stridhan and if you disagree. then she has to prove three things. 1. She purchased those items 2. Items were gifted in marriage. 3. Items are still in your possession. Proving these three points are very difficult.   What to do if you not able to decide what to say? In case you are confused or want to linger on the case say to court that " List of stridhan is not maintainable as it is not prepared as per the procedure mentioned in Dowry Probation Act, Section 2 (Read the section) and she has filed this false list only to avoid stage of prosecution evidence because case is false and she doesn't have any evidence"

Correct sachin. But even boy should have some conscience. ITs easy to prove whether wife is lying but even husband should not lie.  Isnt it?

Thank you sachin

Mr Liar,

TOdays gold rate 2740 per gram.  120 gram x 2740 = Rs 3,28,800/- (Three lakh twenty eight thousand eight hundred).  What use putting so much gold?  You should have put so much gold to her mangalsutra. Then you would know the value of marriage.  

Originally posted by : Helping Hand !
	Correct sachin. But even boy should have some conscience. ITs easy to prove whether wife is lying but even husband should not lie.  Isnt it?

No doubt that husband should have conscience but if wife falsly alleged something, he is bound to lie. How can he admit something which is not in his possession. Moreover if he dosen't handle it wisely she will also file case u/s 406 IPC and he will be in more trouble