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Discussion > Family Law > Marriage > What is a court order to recover stridhan?   Unanswered Threads Post New Topic

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There are 13 Replies to this message


sandhya


***********
[ Scorecard : 62]
Posted On 14 October 2012 at 16:09 Report Abuse

My husband had beaten me very badly & i lodge a complaint by calling police & after that i left my matrimoneal house on the same day & living at my parents house....Police had filed an Fir for 498 a & 323.....

 

As i left home in wearing cloths , My all stuffs & documents are in  my Father in law's custody ...Case was filed in the month of Feb ...There is not any court procedure started yet...From the Feb i m asking for my personal stuffs as i m having a financial burden to buy cloths & all for every ocation , festivals ..I asked with them so many time but they are just saying just sign the divorce papers & only after that they will give my cloths & documents ....

I asked to police station to get help to get back my stuffs but they are saying they cant do anything without court order  for getting stridhan ....

So My questin are

Which kind of court order police asking about ? Is there any search order or recovery order ???

Does it include Loker search of my inlaws ?

& what can i claim as a stidhan in the recovery list ?  Can i include jewelery given to me by my Father inlaw & mother inlaw at the time of wedding ? & Can i claim the Ring & chain & watch given to my husband By my father at the time of weding ?

 I have not any lawyer as police told i will get government lawyer at the time of proceedings & can i get that court order without lawyer or will i need a lawyer ?

Pls try to solve my questions . Thanks in advance ...

 

 



Tajobsindia I am Online


Senior Partner
[ Scorecard : 18202]
Posted On 14 October 2012 at 16:33 Report Abuse

 

Originally posted by : sandhya
  XXX Police had filed an Fir for 498 a & 323.....

As i left home in wearing cloths , My all stuffs & documents are in  my Father in law's custody ...Case was filed in the month of Feb ...There is not any court procedure started yet...From the Feb i m asking for my personal stuffs as i m having a financial burden to buy cloths & all for every ocation , festivals ..XXX

I asked to police station to get help to get back my stuffs but they are saying they cant do anything without court order  for getting stridhan ....

XXX

Which kind of court order police asking about ? Is there any search order or recovery order ???

Does it include Loker search of my inlaws ?

& what can i claim as a stidhan in the recovery list ?  Can i include jewelery given to me by my Father inlaw & mother inlaw at the time of wedding ? & Can i claim the Ring & chain & watch given to my husband By my father at the time of weding ?

I have not any lawyer as police told i will get government lawyer at the time of proceedings & can i get that court order without lawyer or will i need a lawyer ?
 

 

1. You file an Application to Court for return of stridhan items as per list including all such personal belongings and locker and pray to include in your S. 498a IPC matter reference under u/s 406 IPC.


For each items which you have stated is part of Streedhan or Dowry Article, the same would be handed over to you after what in
North India we call it as Supardaari to you as used in dowry cases.

For anything on which your husband / his side have shown rightful claim by way of receipt / witness etc. would be handed back to them after Supardaari to them remember this. And if you had bills etc., the Police may seize them, hence lay your claims backed by proper bills of list of items you include in your stridhan list submitted in Court not like one includes empty Johnny Walker bottle of reception night now claimed as fresh new one under stridhan list if you see one with father in law when search and seizure going on at your husbands home by police.

Rest of the items would keep on rotting in Police Godown (maalkhana) till S. 406 case is decided. Most of the girls, when they know they can not get articles like Fridge, TV, Sofa, AC etc. still wants them evicted from husband’s house, though it may rot in the Police Station. So that he may not have the pleasure of these things till the case is decided (How do one know such things? Once a 498-A wife states the reasons as follows; when she came to know that she won't get these articles for herself under her exaggerated stridhan list, she states outside Court "Achcha, hamein AC nahi milega? Koi nahi, par police station mein rahega to usse to bina AC ke sona padega.") And hence donot lay false claim on your property like Fridge and AC given at marriage. Least later your husband / his side may outdo you and make the Police make a note of it and then produced the genuine bills of showing they themselves buying fridge / sofa / tv / ac etc. at marriage and same they do during bail proceedings that is made as entry in material records that these items are theirs and not yours. Hence bottom line here that the stridhan list should be genuine or derive some confidence.


2. Meanwhile approach case IO to effect search and seizure as it is his duty.

3. I am dead sure the IO will move an application to Court to pass an appropriate Order under search and seizure. However, the Court has no authority to monitor an investigation. Search and seizure is the part of the investigation and it is exclusively for the Investigating Agency to take steps in that regard and the
Learned Court has no occasion to interfere with the same and moreover u/s 100 CrPC Court cannot direct IO to effect search and seizure on your asked query question.


The case IO search and seizures of recovery of stridhan articles from HIS home / In - Laws lockers etc. which also includes all your personal belongings such as cloths, personal documents such as education degree – your passport etc. Ask IO to push without further delay citing major festivals season approaching.

4. Yes it is true once case registered under 498a / 406 / DP Act STATE represents you. However one can hire a private criminal lawyer too if one can afford otherwise as and when State represented by its APP raises prosecution submissions they are delivering competent submissions under instructions from you for the criminal Case between State and Him and arreyed sides of HIM.

5. Watch and ring given to HIM cannot be recovered. So are marriage / reception expenses.

However away from above legalities if you also want Divorce then negotiate your freedom (means full and final alimony) by including a neutral person briefed with your freedom concerns and get over with life unless your side i.e. STATE can convict them whose fate one comes to know after 4-7 years traveling to Court on each and every dates in reference to context of your query as you say you don’t have a private advocate or via tel. contacts with APP of the State as the information need arises from time to time from your side on progress of the case.


Advocate M.Bhadra


Advocate
[ Scorecard : 4471]
Posted On 14 October 2012 at 16:59 Report Abuse

File a Petition u/sec.406 IPC to the Judicial Magistrate Court along with a List of Stridhan  and bank name where ornament are lies for return of articles.


sandhya


***********
[ Scorecard : 62]
Posted On 14 October 2012 at 18:50 Report Abuse

My IO has told me to take an order from a court to search your belongings at your matrimoneal house , He told its not a 406 but didnt told what he wants me to get from court .... What kind of search order he is asking ???

 

I got confused in tejobsindia's answer , so i would like to ask it again can i claim the jewelery which were given to me by my parent's inlaw ? I dont have bill's of them as they were purchased by my inlaws, but i have photo graphs & video in which they presented those articles infront of 300 people in the ceremony .....? so does it enough to claim those jewelery or , my jewelery would be seized by police at their MAlkhana untill the case...?

 

& i dont have a bank loker details of my father in law , I just know he has 2 bank lokers ..Does police have a authority to get details of his bank loker or loker key's by searching the house ??


KARAN SINGH


SERVICE
[ Scorecard : 164]
Posted On 14 October 2012 at 19:42 Report Abuse

dear madam;

Life is difficult after divorce ,so please reconcile and if husband is ready for a peaceful life ahead move further i beleive this much have had caused enough deterrance that he wont dare it again ;

ultimately you are otherwise just one more court case number for law

and this is your only life

decide what is more important to you

ofcourse unless its a danger to your life or respect be positive

regards


R. K. Prajapati


Prakash Legal Clinic Haridwar
[ Scorecard : 1935]
Posted On 14 October 2012 at 22:43 Report Abuse

For get fast relief to return back your stuff etc. file Domestic Violence case against him. This application will provide you lot of remedy.

Your case is state case, Govt lawyer will contest case on behalf of you. No need to appoint  private Lawyer.

You can also file 406 IPC case for get back your all stuff etc.........

 


rajiv_lodha


zz
[ Scorecard : 3658]
Posted On 14 October 2012 at 23:08 Report Abuse

If we believe the queriest words, husband has beaten her & is now blackmailing her.........................no scope of any reconcilation wid such a man in ur life.


Tajobsindia I am Online


Senior Partner
[ Scorecard : 18202]
Posted On 15 October 2012 at 02:14 Report Abuse

 

Originally posted by : sandhya

 

I got confused in tejobsindia's answer , so i would like to ask it again can i claim the jewelery which were given to me by my parent's inlaw ? I dont have bill's of them as they were purchased by my inlaws, but i have photo graphs & video in which they presented those articles infront of 300 people in the ceremony .....? so does it enough to claim those jewelery or , my jewelery would be seized by police at their MAlkhana untill the case...?

& i
dont have a bank loker details of my father in law , I just know he has 2 bank lokers ..Does police have a authority to get details of his bank loker or loker key's by searching the house ??

 

 
Yes you can claim all your stridhan which were given just before marriage + at the time of marriage + at any time thereto to you and are even joint properties of a bride and a groom it is yours to keep PERIOD.

Issue of recovery of stridhan can be handled through interrogation by police and for that Court order is not required nor just on that point bail cancellation cannot be objected by your side as and when such issues arise for your husband / in - laws. That is the reason I stated in my earlier reply that “police will ask you to get an Court Order” seeing you without a Lawyer. However they insist for a List. The main problem I see in your query is that you have not provided any List of stridhan to police that may be the reason they did not put S. 406 IPC in FIR and the donot require Court Order for search warrant it is their duty / it is part of their investigation when woman brings in such grave matrimonial complaint. S. 323 IPC I can understand but was tere any MLC done on you of the physical hurt? Was there a female constable sent for the Examination? Was the examination done in 24 hrs. of bringing to notic eof the police? Was the Examination done at a Govt. hospital? There are lots of gapping holes in your expressions here and suggest to hire an criminal advocate fast if you want to recover your cloths and items since festival season is also approaching fast.


The recovered stridhan articles by police are rightfully made a list off with witness signature and handed to its rightful owner after acopy given to your in-laws (husband) i.e. given items to you and “malkhana” reference in my earlier reply was made for extra ordinary list which many metro wife put under stridhan list and then those items become controversial and whosoever brings witness or right bills they are released accordingly but here your issues are different you are asking about jewelry which given by in laws to you in front of some 300 peoples so the clear answer is IO is required to search and seize them after due investigation calling your husband / in laws to police station as per procedures.


Moreover a un-married lady is allowed to have 250 grms. gold with declared wealth tax whereas a married lady is allowed to have 500 gms gold with declared wealth tax further a male can only have 150 gms. gold declared under wealth tax and these are the Rules as per Income Tax Act thrown in while replying when we are talking of a lovely stridhan list and then Tax Evasion petition gets filed before Income Tax Authorities etc. etc.. If you say have pics. and videos of stridhan given in front of about 300 people then that is enough for police to investigate upon / at the time of your very first complaint protest at the time of lodging police complaint and they even failed to include S. 406 IPC in your complaint case which is probably your big mistake.

Regarding Bank Lockers issues, during call for investigation at police station from your husband / in-laws whosoever names are there in the Complaint an IP can very well put up question of Lockers and its content under Oath and while search and seizure the police can ask information of lockers keys and they (husband and or in-laws) are bound to give under Oath statement either they have the locker(s) or not and if yes then Bank names and locker details and for opening Lockers Court permission is required and not for search and seizure of stridhan as you say they belong to in-laws whereas S. 498a / 323 IPC probably by you is against your husband! 

Also if you say stridhan gifts were given by them in front of some 300 people then I fail to understand why you are not hiring a private Lawyer who can come handy for all these delays and latches you are facing when you say you donot have personal items / cloths etc. for festivals as you say in your above opening query thread? A marriage with about 300 guest list is quite a decent marriage for prudent minds thinking donot you feel the same way!


sandhya


***********
[ Scorecard : 62]
Posted On 15 October 2012 at 10:23 Report Abuse

I earn 4500 after all deductions , & i had to give all my earnings to my Fil during my matrimoneal life. so i dont have any savings & at this time i just have a mangalsutra ..I dont think i should sell my only & last gold ornaments...& fees of criminal lawyers are very high that i can  not afford...so i have not apointed a lawyer yet...

 

At the time of filing a complaint , i was not aware that i should file a 406 to get my stridhan & also the IO has not asked me about this...Now i need all my stuffs as faste as possible...& IO is not helping me & always talk in favour of my In laws (He says , I dont have any right on those jewelerry & cloths which were given me by my inlaws , The gold given to my husband by my parents ...I have only right on the jeweles & cloths given to me by my father only & for that to i will have to get court order ),  as he cant get any money from my side & can get good money as bribe from my FIL....I supose even after getting court order , he will not help me & warn my parents in laws to move my itemes at somewhere else......The chargesheet is also not made .....Where should i go for complaint ???


Adv. Chandrasekhar


Advocate
[ Scorecard : 4534]
Posted On 15 October 2012 at 11:51 Report Abuse

Sandhyaji,

To your querry, I am giving a very lengthy reply for two reasons - the first reason is that you have several doubts about the exact descripttion of  stridhan and also the procedure to recover them from the illegal custody of the husband and/or in-laws.  The second reasons is that the predicament you are facing is being faced several other women also and to solve their querries also, I am giving this reply. 

The articles you mentioned in your querry are called "stri dhan" and these are the properties of the wife and she is entitled to have custody of them at any point of time during her matrimonial life (at the time of marriage, after the marriage, during separation from husband or after divorce) and she is at liberty to dispose them off or enjoy them as she likes as she is the absolute owner of such property.  Some times stridhan includes immovable property also as the relatives from natal home give the girl a landed property, residential houses or agriculture fileds etc. 

There are three methods to recover stridhan from the illegal custody of the members of matrimonial home.  First I describe the cheapest and expeditious method.  That is, to file a domestic violence case before the metropolitan magistrate.  In this application, you can file an application for interim relief also.  You can engage an advocate for this purpose.  If you cannot engage an advocate, after filing the application (or even before filing the application) you can ask the court to provide you an advocate and the court will do it free of cost.  As per the existing rules of legal aid, the women, children, labourers and other econimically disadvantaged sections will have a right to get free legal aid and advocate to pursue their cases.  You purchase a domestic violoence Act (bare Act with rules) book, which costs less than Rs.100/-.  In this book, a schedule is there formating the application to be filed in domestic violence case.  Even it appears difficult to you, you can approach any women's welfare organisation and they will provide you their lawyer.  In addition to this, under this Act, certain social welfare organisations/women's organisations are given the status of "service provider".  Their one of the most important duties is to come to the aid of women like you - prepare application, provide you advocate, take you to the court and help you in all respects.  They shall do it free of cost as they are getting grants from the Govt.  The proceedings here are quasi criminal (too technical word for you), which means the proceedings will be conducted like in criminal courts but the relief will be provided like in civil courts.  I suggest you to follow this method.  In this method, the court has got the power to find out the stri-dhan lying in the matrimonial house, bank lockers etc.  and recover it and return it to you.  You get quicker relief comparing to the other procedures.

The other method is to file Section 406 IPC case as a private complaint before the magistrate.  Here, there is a heavy burden lies upon you to prove that actually stridhan was given to you and it is lying with your husband/in-laws etc.  This proof also must be "beyond reasonable doubt".  Here, in this private complaint, you have to lead evidence twice and is a cumbersome process.  The alternative method is to file a complaint under Section 406 IPC listing the stridhan articles and lodge the complaint before the concerned police station.  The police will register FIR ( different to earlier FIR u/s 498-A and Section 323 IPC).  Here your case will be prosecuted by APP (government advocate) on your behalf.  The experience shows that the prosecution and accused connive with each other in the cases under Section 498-A and Section 406 IPC and get the case of wife defeated.  That is also one of the reasons why most of the Section 498-A cases, Section 304-B (dowry-death), 376 (rape) cases are going in favour of accused by their acquittal.

There is one more method to recover stri-dhan, i.e., by filing a civil suit.  It is very costly affair.  So, I will not go into the details of this particular method.

Finally, I suggest you to go for Domestic Violence application for recovery of stri-dhan and a woman with your financial status can afford to fight this case.

wishing you best of luck.  



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