anand 06 November 2017

Return of stridhan

i married to a girl a year back, we were family friends since long time. before marriage we were short of money for marriage expenses, then my wife's brother supported us by providing some money as he wanted to complete the marriage ceremony as early as possible(This i did not know, it was done between elders without my knowledge).. After one year my wife left the house over small disputes and filed a complaint in CAW. In mediation my wife demands her jewellery and cash, we are ready to give her jewelley and cash back. But we are afraid that it could be considered as dowry. How to return my wife's articles and cash ? if i return, do i charge with dowry act?

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5 Replies

Siddharth Srivastava (Advocate) 07 November 2017

Consult a lawyer with details before moving ahead. You may return with your objections under the guidance of a competent lawyer "WITHOUT PREJUDICE". Meaning thereby that you are not admitting what your wife has claimed and without closing your legal remedies and objections.

Kiran Kumar (Lawyer) 07 November 2017

Well whatever Istridhan was that is required to be returned. They may not proceed under Prohibition of Dowry Act as the other side will also be in trouble for having given the dowry. The cash amount, which they allege that it was given to you, can be disputed and can be given back under protest. However things depend upon the availability of proof. Your lawyer can take care of all these aspects.

Vijay Raj Mahajan (Advocate) 07 November 2017

Istridhan is absolute property of the wife that she can ask if kept in your possession and if you refuse you can be charged under section 406 IPC. Asking her istridhan by no manner means you demanded dowry for the marriage. Ornament/jewellery worn by women are not dowry articles those are her istridhan articles which at the time of all women get for themselves from her parents and even in-laws. Dowry articles are usually huge amount of cash or property or expensive articles which are demanded as a condition of marriage.

Dr J C Vashista (Advocate) 08 November 2017

Very well advised by experts, I fully agree and appreciate.

Nothing more to add.

(Guest)

What she gave voluntarily is gift to you. No need to return it. If she is unwilling to continue marriage, take mutual divorce. Pay 2-3 lakhs and get rid of her. Anything above 2-3 lakhs dont pay. If divorce case goes on for 20 years you will lose life, instead of that simply keep quiet and adjust something else. If she wants marriage life, she will come back on her own. You find peace elsewhere. Court cannot solve matrimonial problems. Court can give only one sheet of paper which tells that you are divorced. For that dont waste time in court for 20 years.