Stridhan
asmita0009
(Querist) 05 March 2012
This query is : Resolved
I had done marraige on 22/2/2009 with in 2 month My husband had filed petition under section 5(11)(a)(b) & 12(1)(b)(c) of hindu marriage act. 1955 for marraige Null and voide on ground that i am psychic patioent from huis city. i had filed application for maintence and Court had given me 5000/-pm as maintence which is only 5% of actual income of my husband. I had not filed legal expenses. all my stridhan is in custody of my husband in which appro 80% given me from my parents. I had always prayed Hon court to take the decision on my stridhan first. But court had not done so and since last 3 years it is in custody of my husband. So, i am not setisfied with court procedure and filled applications twice in court to review the judgement.
further Now i had filed case under section 12,17,18,19,20,22,23 r.w section 26 & 36 DV. In this case Hon Judge told me that if i will keep pations he will give justice of stridhan, maintence etc together and procedure will go fast.So,last date we filed afidevit, and next date my cross will start.
So, is it proper decision? or i should demand first for maintence and stridhan.
So, give me proper guidance.
Adv.R.P.Chugh
(Expert) 05 March 2012
The fastest way to recover Istridhan is to file a 406 - which talks about Criminal Breach of trust, if your istridhan is really due, and they with the dishonest intention have misappropriated it or converted it to own use, or otherwise disposed it off, then they are liable. Since they are criminal proceedings it's a swift procedure.
You also have the option of filing a petition u/s 7(1)(c) a suit for recovery of Stridhan before the family court (if your state has them)
prabhakar singh
(Expert) 05 March 2012
Adv. Bharat Chugh is wise and intelligent and have more knowledge in criminal law comparing me hence I wish you go with his advise.
Raj Kumar Makkad
(Expert) 05 March 2012
It is very strange to know that you didn't took proper course of action to recover the Istridhan and remained dependent only upon the petition filed by your husband. You might have filed a criminal case under section 498A/406 IPC much time ago and that was the fastest way.
Anyway, still you can file a FIR under section 406IPC and police shall recover your entire istridhan.
Kirti Kar Tripathi
(Expert) 05 March 2012
Stridhan is exclusive property of a women. Any person, under whose possession, the said property is only a trusty. The lady has every right to take back this property. In case, it is not returned or refused. the person is liable to be prosecuted under Section 406 I.P.C.. You can get search warrant in your favour from the court.
Shonee Kapoor
(Expert) 06 March 2012
Hmmmm,
Experts have advised you 406. But 406 does not necessarily lead to recovery. It just leads to punishment.
For recovery you would have to file a civil suit.
Also, in PWDVA, 2005, you can ask for restoration of Streedhan to you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sanjeev
(Expert) 06 March 2012
Filing 406 is not the sure shot way to streedhan recovery as after the accused take bail the case will keep hanging with the liability to prove tht streedhan is with husband on you.
I feel you are on the right track DV act may be faster way to recovery but sometimes it becomes difficult to recover ehen the husband is unwilling to return the same and defends tht he dont have the streedhan.
Shonee Kapoor
(Expert) 06 March 2012
Also, you would need all the proofs like bills etc for the recovery of the Streedhan.
Property is shown to exist in the first place before you can recover it.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 06 March 2012
You are sufficiently advised by the learned experts above. Please do as advised.
asmita0009
(Querist) 08 March 2012
Thank you very much to all.
