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yogita (HW)     15 November 2014

Regarding streedhan recovery

My marriage happened before 2 years.My father give 5 lakhs of rupee to my father in law.My father transferred money in his bank account.Now my marriage in problem.My husband telling he never take money from his father.he is telling to contact father in law.I am living in my home form last 5 months.How to recover that money.Husband also beated me.How to prove that he beat me.I dont have any evidence. 



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 6 Replies

Adv. Chandrasekhar (Advocate)     15 November 2014

Just now, I answered to similar question.  I copy paste it for you:

@Poonamsimrat & @housewife,

Stridhan is all those gifts and cash and also valuable debentures (share certificates), property and also jewellery given to the bride by the bride's parents, her relatives, her friends and also MOST IMPORTANTLY BY THE GROOM'S PARENTS, HIS RELATIVES. So, that stridhan is the absolute property of the wife and no one has got any right on those things. Due to the Indian traditions, in marriages, despite the prohibition in law, divorce is given to the boy by the girl's side. The boy, his parents, more often than not, mix up the dowry and stridhan and think it over that it is their property. Even in certain sections of the society, women are treated as property and not a living human being. Advertisements are classic example - TV is compared with Biwi and cars are also compared to women. But in some families, the newly steped in bride in matrimonial home is in baffled state and in such situation, MIL comes out and asks the new bride to handover the jewellery (stridhan) for keeping it in safe custody. The bride reluctantly parts with such things and once asks later on, that irks the MIL and there starts bickerings etc. That is the fate of Indian holy family life. The concept of Stridhan that intended to exude confidence and financial security to the newly wed wife in alien matrimonial home becomes her nemises and causes the cause of estrangement. That is the fact of the life.

STRI DHAN can be recovered in three methods. The first method is in Domestic violence Act, there is a provision for recovery of stridhan. In your petition, you have to clearly spell out the stridhan articles etc. It is not required that you have to show purchase bills, VAT receipts. Because in most cases, ancestral jewellery, kept for daughters are given to her when she becomes bride. For such kind of articles as well as share and debentures, FDRs, you cannot find receipts. In the case of documents, you need not worry, their duplicate copies can be obtained. In alternative to this, you can file Section 406 IPC complaint before the police and the police attempt to recover them in prelitigation stage. If it cannot be recovered the matter will be sent by them to the court by lodging FIR. If you succeed there, you will get them back along with appropriate punishment to them who forcefully kept them with them. But the quality of evidence here is very heavy. Finally, you can file a civil suit for recovery of them. Here, the litigation is expensive one because huge court fee has to be paid. So, I suggest the first one - filing domestic violence case and obtain the stridhan.

Coming to your particular problem:  I do not think that the amount transferred to your father-in-law is called "stridhan" in strict sense.  It is in fact dowry.  Dowry taking is an offence.  But if you meet any advocate and say that my husband/inlaws had taken dowry, that advocate immediately reacts and says that 'dowry giving' is also an offence.  By giving it your father also has become offender.  This is the way some people are threatening the women to realize their legitimate rights.  But IN FACT IT IS NOT SO.   Dowry givers cannot be punished.  They are protected by Section 7(3) of the Dowry Prohibition Act.  So, you are entitled to file a criminal case against your husband and in-laws under Section 3 of the Dowry Prohibition Act.  Otherwise, under domestic violence Act also by moving appropriate application, you can recover the same.  Coming to the question of that your husband has beaten you and how can you prove  it in the court?  Generally, these things happen in the house and not in the presence of others.  That does not mean that fact cannot be proved.  You give your statement and he will give his defence and the court after studying both your statements, and going through the other material, come to a definite conclusion that and the court can understand the difficulty in proving such fact and by his natural demeanour as well as his defence on other points, it will take your side.  So put your efforts to get justice.  Warm regards.

yogendra (engineer)     15 November 2014

Just send him legal notice first.I think he will turn up....

yogita (HW)     15 November 2014

Thanks  chandrashekhar ji,

When he beat me one time.I also beat him and blood comes from his body.He took the photograph that time of his body from his mobile.He told that he will show that to court if i will file case on him.he also recorded my voice threatening to him.Wil this help him in court?Actually i want divorce but my father is telling ab mai tumko nahi rakh sakta,my husband is also not talking to me.Usne mujhe bas ek message bheja tha ki agar tumko tumahra paisa chahiye to account number bhej dena par mere papa na paise lena cahhte hain aur chup chap baithe rahte hain.I m fed up.what to do samajh nahi aa rha.


(Guest)
Originally posted by : yogita

Thanks  

When he beat me one time.I also beat him and blood comes from his body.He took the photograph that time of his body from his mobile.He told that he will show that to court if i will file case on him.he also recorded my voice threatening to him.Wil this help him in court?Actually i want divorce but my father is telling ab mai tumko nahi rakh sakta,my husband is also not talking to me.Usne mujhe bas ek message bheja tha ki agar tumko tumahra paisa chahiye to account number bhej dena par mere papa na paise lena cahhte hain aur chup chap baithe rahte hain.I m fed up.what to do samajh nahi aa rha.

Yeh sab pati ko maarne se pehle sochna chahiye tha, your husband has proof of you beating him and blood oozing out of his body, now you should prepare to go to jail.  For women like you are best suited behind bars.  You sealed your own fate.

Now you are headache to your father, your husband, and society at large.  God save you now.

Anish Thakur 7018812737 (advocate)     16 November 2014

Just file Domestic voilence case against him and file dowry harassment also.

Vishal Kashyap (Self Employed)     18 November 2014

Now you have become the same what he was with you. Exercise utmost precaution and before filing any legal case put forth society people between to resolve the matter peacefully. You both may not get anything out of it rather ending up paying huge amount towards legal proceedings and at a particular time this expense may go beyond what you are expecting to get back. You please first decide what exactly you need...want to live with him or not. If not then take what you get and leave the relation. Best wishes...

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