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Naresh   05 March 2012 at 08:15

Difference b/w stridhana and dowry?


Dear Experts,

Please explain what constitutes dowry and what is stridhana. Legally, how the distinction is made?

In my divorce case, the wife & her father are alleging that they have paid Rs. 4 Lac as stridhana on the demand of the petitioner and it is liable to be returned @ 14% interest.

I have the following questions on the above.

(1)"Irrespective of whether it is dowry or stridhana, they have to prove to the court, that they have indeed paid and in the absence of any material evidence court can't consider such an allegation". Please clarify me whether the above statement is correct or not?

(2)Wife side is saying that they have paid stridhana to the petitioner, but as per the definition of stridhana, it is the articles, furniture etc. given to the bride as her own property without any demand from the husband side, but on their own wish they have paid to their daughter. Is this argument correct as per the definition of stridhana and as per the law?

(3)Is it true that if they claim, they have paid cash as part of stridhana then no proof is required as per the law that is why they are saying stridhana and dowry? Please tell the difference.

(4) Can the stridhana be paid in the form of cash and it need not always be in the form of articles? please clarify

Regards

kush   05 March 2012 at 07:14

Voidable marriage

Dear Sir,
I got married about 10 months back. After marriage my wife never allowed me to have physical relationship with her and told me she needs time.After marriage she stayed in my house for only 17 days and then went to Delhi, where she works.After that she never came to my house and don't use to pick my phone calls. I got her phone details and found that she even chats with her friends during whole night but with me she don't chat or call me.
Their parent's attitude are also very surprising. When we told them that we want to talk to them on this matter they are just delaying it. I don't understand why? Do girl side gets any benefit if after marriage one year time gets over?
Now i want to finish this marriage. I want to know on what grounds can i finish the marriage. I also want to know can we put impotency charge on a lady as she don't allow for physical relationship.

basavaraj shiromani   04 March 2012 at 20:58

Maintainance

A Woman filed a petition under Sec 125 of Cr.P.C against a person, alleging that, her marriage was solemnized with said person 22 years back and she lead marital life with him for the period of 6 months and after that she went to parental house and she gave birth to one female child.

In fact, there is no any type of relationship between woman with the said person. There is no whispering of a single word regarding the status and stature of the said woman or the child since 22 years. Suddenly the woman moved this application. There is no material on record to show the relationship also. The said person is totally denying the relationship with said woman as there is no iota of evidence to show any type of relationship with the woman.

-Whether, the application is maintainable against a person without proof of any relationship, that too after lapse of 22 years.

Member (Account Deleted)   04 March 2012 at 20:44

Advocate problem

Dear experts,
In my case my wife's advocate says lot of lies in the court and also has taught my wife to lie before the Honorable court.My question is can the case be conducted with out the advocates in the family court.I am sure if her advocate is not there she would say the truths.Is there any provision to send her out side the court room or ask the court to run the case with out advocate? If it is useless question please forgive.If there is any option for that please inform me.

R Muralidharan   04 March 2012 at 18:18

Marriage petition u/s 13 (b) hindu marriages act

Petition for divorce filed by the husband. Petitioner side has finished examination of their part. when the Respondent was to cross examine, a petition was filed for divorce on mutual consent. The respondent objected to the part delivery of belongings by the petitioner in the court. Hence petition for mutual consent could not be processed and completed.
In the meanwhile petitioner files an application for decree of divorce which was dismissed as premature.
Can the court at this stage pass orders for divorce due to the continuous absence of the respondent in three consecutive hearings.

Member (Account Deleted)   04 March 2012 at 16:38

Wife is harrising me

my wife is not giving me divorce and she is continuously harrising me ,my giving threats and using abusing language on the phone ,she is not calling by her number ,sometimes she call from fake numbers and some times from different different pco. Our divorce case is already running in the court and judgemet is going to be announced soon in aprail.But in this case i am not getting divorce as my wife was not able to proof her allegation on me.i am totally fed up of her and this court proceedings her mother father are not able to convienced there daughter for mcd.She is egoistic girl and every time she calls me and always use to say that she will ruien my life like this for years and she will destroy my image and everything i have.Point is that she is also not having any kind of demand also ,neither money neither anything else.I a stuck in this hell some time i feel to to just leave this place and to sleep forever .i am going through a tough phase ,please some body can help me that wahta to do

Harsha Harsha   04 March 2012 at 12:57

Fir- process - dowry/hassmnt

I gave complant thro AC office. thy r told the process s waiting fr legal opinion.
whatst he propcess. ?
will they file FIR for dowry / harrmsnt complaint which i gave?

rdburmanmusic   04 March 2012 at 11:21

My case resolved

dear friends,
my divorce case won and case settled(both false 498a and criminal case on them) once for all .... thank u all for ur timely advice . I am specially thankful to our advocates sri B.V.Basavaraj who is leading senior most advocate in karnataka bellary, sri P.M.Indushekar intelligent, committed advocate ,mr mohammad hard working advocate .
I specially thankful to shri mahaeh tiwari supreme court advovate who helped me to win transfer petition filed by my ex wife.
I am thank full to god, my parents, sister an my brother in law for their prayers and blessings and also all my well wisher friends.
my opinon . to win case ....our sincerity, truthfulness , our own hard work,intelligence,collecting evidences,good friends network, good advocates,luck, gods grace, parents and friends blessings required. thank you.

rsraghukumar   04 March 2012 at 08:42

Issue

good morning sir. sir as experts are asking what exactly i want i am sending again sir. sir i filed op to declare my marriage as null and void as the woman was already married and living husaband is there. even first husaband filed a suit to declare my marriage with that lady as null and void. suit is filed first based on that i filed my op. in that suit i am second defendant. both op and suit judgements pronounced recently in my favour and in first husaband's favour. she did not enter the witnessbox to prove her case. she avoided in my OP and Suti also. she just filed written arugments that first husband failed to bring evidences like photographer and eyewitness of the first marriage. but she did not enter into witness box. now she went for appeal on first husaband/s case. sir now please clarify my doubts:
1) Now my doubt is can i file either in lower concerned or highcourt to discharge me as second defendant as my age and life is going. she is playing and draging the case.
2) She filed 498a and dvc against me. highcourt recently quashed those proceedings recently. based on that judgement can i file discharge petition. and even on null and void and suit judgements.
3) or can i transfer that appeal to highcourt as my OP appeal limit is in highcourt.

Member (Account Deleted)   03 March 2012 at 22:14

Mc divorce- can period of six months be waived off now?

In mutual consent divorce filed in district court delhi ,can period of six months be waived off now ? If yes,how?