payal (others) 08 November 2014

Claim stridhan-2 years marriage

Hello,

I am 27 years old girl and belong to a Maharashtra.I was married 2 years ago to a boy based in Chandigarh.It was an arranged marriage.I was a working woman prior to marriage

My sister in law was living alone in delhi and they wanted me to go delhi for job while my husband was still living in chandigarh as he was having his job there

I was told that he will soon come to delhi as he is looking out for job there and that is is matter of just 2-3 months.I moved to delhi as I got job there, after 6 months of marriage in a rented flat with my sister in law.

For 6 months my sister in law lived with me and then she changed the job and moved to some other city.It was more than a year and my husband didnt move in nor allowed me to leave the job and come back, giving fake assurances

He just used to pay occasional visits and forced me to come chandigarh taking leaves from job for some or the other reason.Also he never supported me financially

His sister in law was very abusive with me and his mother used to ask me for cash/gifts in name of "RITI RIWAZ" very often .They also went for vacations without me and once took me with them when i paid for my own expense

I left the job and came back to my parents place.There is no communication between both of us for past 2 month.I want to claim my stridan and all my belongings from them.My questions are as below:

1 If I straightway go to my husband's place and they refuse to give me,what should me my next step?

2 Should I first file a case,lodge an FIR and then go to claim my stridhan?

3 Can they refuse to give me my stridhan when i visit them and in turn say that she has already taken all her stridhan

4 Can I file a case of domestic violence against them ?

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5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 08 November 2014

Dear, First just visit there and ask your stridhan, if they refuse then.you have a right to lodge a complaint then and.there. make sure you record the entire transaction(will help you later). Adv kapil chandna, 9899011450

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505) 08 November 2014

Dear Payal,

Talk to your husband and try to sort out all the issues. If you and your parents are convinced then go ahead with Divorce as last resort.

First you have to prepare the complaint mentioning all the allegations of cruelty and allegations of demand of Dowry specifically mentioned in the complaint at CAW cell nearest to your place. You are entitled to Stridhan, alimony and maintenance.

RAJIV BHASIN

SOLICITORS AND ADVOCATE

BHASIN LEGAL CONSULTANTS

www.bhasinlegalconsultants.com

Mail: bhasin.laws@yahoo.com

9811210505

adv. rajeev ( rajoo ) (practicing advocate) 08 November 2014

I go with the experts answers.

payal (others) 08 November 2014

Thanks for all these advices.

If they refuse to co-operate with respect to stridhan and tell me that they would discuss it with their lawyers before releasing the stridhan and force me to extend my stay in the hotel do i have to lodge a complaint at that place or do i have an option to come back to my native place and lodge a complaint.

Moreover if i come back to my native place they can make an accusation that they have given me back my stridhan. In that case i will have to prove that i have not received it.

What is more preferable ??

Lodge a FIR at that place and hire a lawyer at that location OR Come back to my native place file a FIR and fight a case from my native place as that would be more convinient for me.