Fir u/s 498 of crpc

Sameer (Querist) 01 October 2014 This query is : Resolved
Dear Experts

Kindly suggest how to proceed to recover articles including gifted jewellery (Istridhan) in case of married woman and is she also liable to return the gifts including jewellery received on marriage and other occasions

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ajay sethi (Expert) 01 October 2014
no your wife is not liable to return jwellery received by her at time of marriage . it constitutes her stridhan

Sameer (Querist) 01 October 2014
Dear Sir

How to proceed when in laws of girl not returning back her stridhan voluntarily....

ROHIT SHARMA (Expert) 02 October 2014
1. Then of course such lady can file police complaint u/s 406 ( criminal breach of trust) and s. 498-A of I.P.C.

Raj Kumar Makkad (Expert) 02 October 2014
Istridhan cannot be embezzled or retained illegally against the whims and wishes of a married woman by her in-laws as she is free to lodge FIR under section 406 IPC against all such persons.

ABDUL RAZIQUE (Expert) 03 October 2014
According to the age old smritis and all old schools of Hindu law such as Dayabhaga, Mitakshara etc. the following was Stridhan in the hands of a woman be it a maiden, married woman or widow.
Gifts made to a woman before the nuptial fire.
Gifts made to a woman at the bridal procession
Gifts made in token of love by father-in-law, mother-in-law
Gifts made by father
Gifts made by mother
Gifts made by brother

This was not an exhaustive list so gifts made after marriage by a woman's husband's relations or parent's relations and gifts from sons and relations got added to the list as so did many more as can be seen here.
The woman has an absolute, exclusive dominion over all her Stridhan including movable and immovable property and has the power to sell, alienate or give it away as she pleases both during her lifetime and thereafter. Her husband and / or his family members have no rights over a woman's Stridhan.

It is usually practical and preferable that any girl especially educated girls of today maintain a list of their Stridhan as also become capable of looking after their own Stridhan in terms of its security such as opening a bank locker in their single names for the purposes of storing jewellery and instruments of money, property etc. or keeping it under their lock and key.
SO U HAVE NO RIGHT TO RECOVER

T. Kalaiselvan, Advocate (Expert) 05 October 2014
She can very well reclaim the property by lodging complaint with the jurisdictional police u/s 406 IPC