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406 stridhan recovery

(Querist) 21 June 2018 This query is : Resolved 
In a case of 406 for recovery of Stridhan Articles the police are asking the girl to provide vehicles for the cops and for bringing the stridhan items from in laws house from the girl's pocket. Is this legitimate? Is the girl required to arrange for transportation for a raid at in laws house in the matter of Stridhan Recovery under section 406 of IPC?
Vijay Raj Mahajan (Expert) 21 June 2018
No its the duty of police to conduct inquiries or search etc. at its official cost for recovery of articles if any from the possession of husband those are reported as absolute property of the wife or her istridhan.
Usually the police ask the husband and relatives to bring any such articles to police station where these are collected from them, list of these made out and attached with the chargesheet or challan in the dowry criminal complaint case.
These articles are usually household items or daily use articles of the wife left back at her matrimonial home.
Kumar Doab (Expert) 21 June 2018
The police is provided with funds for such purposes..
IT could be another form of corruption…
Or the PS official may happily issue written communication to arrange for vehicle and/or pay for fuel, refreshments etc
Or the media publications that PS are kind of auctioned are true and every official is in hurry to recover….
You alone are closest to the local facts …at your location.
Kumar Doab (Expert) 21 June 2018
Do you have irrefutable evidence of such demands...!
Or the police wants to avoid to go as other party may record and agitate and complicate matter for everyone...
Ms.Usha Kapoor (Expert) 22 June 2018
Money or other expensive articles given as dowry which solely belong to wife as her stridhan. Which are kept in custody of husband at the time or marriage.. If husband misuses these dowry articles given by both sides he is liable for criminal breach of trust.He has to return them to wife at the end of divorce.Section 406 IPC is criminal breach of trust.
Ms.Usha Kapoor (Expert) 22 June 2018
I stick to my above view.
Guest (Expert) 22 June 2018
Ms. Usha Kapoor,
What purpose can be served by sticking to your irrelevant view, when you have not responded on real problem of the querist. He simply asked whether the girl is obliged to arrange for the transportation of police personnel for raid in the in-laws house for recovery of streedhan or not, while you replied on the obligation of the husband to return the streedhan.
Guest (Expert) 22 June 2018
Ms. Usha Kapoor,
What purpose can be served by sticking to your irrelevant view, when you have not responded on real problem of the querist. He simply asked whether the girl is obliged to arrange for the transportation of police personnel for raid in the in-laws house for recovery of streedhan or not, while you replied on the obligation of the husband to return the streedhan.
Guest (Expert) 22 June 2018
Ms. Usha Kapoor,
What purpose can be served by sticking to your irrelevant view, when you have not responded on real problem of the querist. He simply asked whether the girl is obliged to arrange for the transportation of police personnel for raid in the in-laws house for recovery of streedhan or not, while you replied on the obligation of the husband to return the streedhan.
Guest (Expert) 22 June 2018
I am at wits end.

Husband told if she wants let her come and take it, wife wont go. She went to police. Police went to husband and told come and give items of stridhan to police station. Husband told, if you want you take and go. Items are 3 big almirahs, 1 washing machine, loads of old clothes, 2 chains of rolled gold, 4 godrej chairs. One old tv box type. Now police can bring the items if items are less in number not one truck full of useless items.
that is why police is asking money. Family court wont provide all that facility nor do police have trucks to transport old clothes.

Very funny situation.

It is advised to the querist that, give money or go take the items of stridhan yourselves.
Guest (Expert) 22 June 2018
The basis of Ramoji Kumar's assumption about the items of streedhan is not understood, when the querist has not made any mention about any such item!
SK NADIMUL HAQUE (Querist) 23 June 2018
Stridhan items are basically always household items and ornaments, gifts and are always almost more in number than one can imagine. Well frankly speaking it is a logistical challenge for the police to carry so much but if there is a provision of recovery of Stridhan items in section 406 of IPC I hope the government has some way of funding the whole process. Whereas if the girl goes alone or with her family it is a completely different situation and for that you need to know the whole matter.

Mr Kumar Doab I do have audio recordings of police personnel asking to arrange for vehicles for the raid. And Ms Usha Kapoor thank you for your comment but with due respect my question is a little different than just the definition of 406 IPC and Stridhan. Mr Dhingra I would also really appreciate your valuable comment on this topic including everyone else because there are poor people who get stuck in these situations and to recover some goods they have to shell out a lot of money and if it is the right of the people to get help from the government and still the police keeps demanding money, we by meeting their demands will be allowing corruption.

My question still stands but I will just rephrase it that "For any and all articles that are recoverable from the in laws house in a matter of Stridhan recovery under section 406 of the IPC and sections 3 & 4 of the DP Act is the complainant in any way responsible for the costs of recovery of such articles? Does the complainant have to pay for transportation of goods and police personnel for the process of recovery of Stridhan articles recoverable under the above mentioned Acts and relevant sections?
Guest (Expert) 23 June 2018
Mr. SK Nadimul Haque,

No doubt demand of money tends to corruption, but the section you referred provides only for punishment for the breach of trust, as a general legal provision in almost all cases, not on the mode of recovery of streedhan. Even sections 3 & 4 of the DP Act that you referred do not have even remote concern with the mode of recovery of streedhan. These sections deal only about punishment for giving, taking or demand for dowry.

As such a vital question arises, what are the orders of the court about recovery of the streedhan and what efforts have actually been made by the girl side to recover the Streedhan at their part?

I am of the opinion that the roll of police comes only if the recovery of streedhan is resisted or hindered by the in-laws or not returned in full, in spite of the court order, that too after filing appropriate petition in the competent court of law for which you have not made any reference..

IN FACT, YOUR QUERY LACKS IN SEVERAL VITAL FACTS. ANY REPLY TO MERELY A QUERY OF ACADEMIC NATURE CANNOT ADDRESS YOUR PROBLEM, IF THERE BE ANY IN REALITY.
Guest (Expert) 23 June 2018
Mr. SK Nadimul Haque,

No doubt demand of money tends to corruption, but the section you referred provides only for punishment for the breach of trust, as a general legal provision in almost all cases, not on the mode of recovery of streedhan. Even sections 3 & 4 of the DP Act that you referred do not have even remote concern with the mode of recovery of streedhan. These sections deal only about punishment for giving, taking or demand for dowry.

As such a vital question arises, what are the orders of the court about recovery of the streedhan and what efforts have actually been made by the girl side to recover the Streedhan at their part?

I am of the opinion that the roll of police comes only if the recovery of streedhan is resisted or hindered by the in-laws or not returned in full, in spite of the court order, that too after filing appropriate petition in the competent court of law for which you have not made any reference..

IN FACT, YOUR QUERY LACKS IN SEVERAL VITAL FACTS. ANY REPLY TO MERELY A QUERY OF ACADEMIC NATURE CANNOT ADDRESS YOUR PROBLEM, IF THERE BE ANY IN REALITY.
Guest (Expert) 23 June 2018
Mr. SK Nadimul Haque,

No doubt demand of money tends to corruption, but the section you referred provides only for punishment for the breach of trust, as a general legal provision in almost all cases, not on the mode of recovery of streedhan. Even sections 3 & 4 of the DP Act that you referred do not have even remote concern with the mode of recovery of streedhan. These sections deal only about punishment for giving, taking or demand for dowry.

As such a vital question arises, what are the orders of the court about recovery of the streedhan and what efforts have actually been made by the girl side to recover the Streedhan at their part?

I am of the opinion that the roll of police comes only if the recovery of streedhan is resisted or hindered by the in-laws or not returned in full, in spite of the court order, that too after filing appropriate petition in the competent court of law for which you have not made any reference..

IN FACT, YOUR QUERY LACKS IN SEVERAL VITAL FACTS. ANY REPLY TO MERELY A QUERY OF ACADEMIC NATURE CANNOT ADDRESS YOUR PROBLEM, IF THERE BE ANY IN REALITY.
Kumar Doab (Expert) 23 June 2018
The query of querist is that police is asking for both; vehicle for Cops and for bringing the Stridhan items.
The truck or trailer is not specifically mentioned.

The recorded conversation may be kept safely.
The DCP or CP are usually top most officials in a location and also PIO, CPIO...
They can respond in person or thru RTI...


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