RETURN OF SRIDHAN
DIPAK KUMAR GUPTA
(Querist) 24 August 2009
This query is : Resolved
Respected Sir ,
My marraige was solmnised on 22/02/2004.The marriage was consumed and a female baby was born on 24/12/2004.My wife left me on 22/08/2005due to some petty quarrel on the issue that I can not keep my self away from my dependent parent and brother.
For this reason,she filed false cases u/s 498A under instigation from my inlaws and thereafter she filed maintenance u/s 125 and so many police complaints.
In spite of that I always tried to repair the relationship.I have arranged family councilings,send relatives to their home but I did not find any positive result.
Thereafter I have a filed restitution of conjugal rights but wife filed a maintenance case for harrasing me .
Now , four cases are pending as follws :
1) 498A since Jan. 2006 :- charged has been framed but no evidence has been produed
2) 125 since July , 2006 :- I am paying interim maintenace from august , 2006 onwards.The case is pending at evedence stage .
3)Restitution of Conjugal Rights since Dec.2006 :- The case is admited but proceedings are deferred till disposal of the following case filed by the wife.
4) Maintenance under Hindu Marriage Act since Jan , 2007 :- Although I am paying maintenance under criminal court , she has filed maintence under HMA and the case is pending at evedence stage .
Now , the relationship is no more living , I would say it "DEAD" and I am 100% failure in repairing. I am suffering since last 5 years .
So , I want to give back all her belongings which are occupying at my flat.
I am following my in-laws & wife :- when they called me at police station , I attended the Police Station; when police did not take any action due to prima facie false allegation , they approached to court and I am giving attendence in court at the cost of my employment ; when they asked for monthly maintenance ,I started paying maintenance; now they are asking for a lump-sum payment and I gave my consent for lump sum payment . Now they are not responding since last one year.
After leaving her matrimonial home , my in-laws asked for return of sridhan during so many times . I always replied them to come through proper channel for taking away her sridhan . Now they are silent.
I did my best for purchase of peace but I I found no remeady.
Now I am adamand to disolve my marriage but cases are adjourned due to non-fuctioning of court , sometimes advocates are busy , sometimes petitioner is absent .So legally marriage can not be dissolved.I have not filed divorce case .
For escaping my parents from death , I shifted to my new flat two months ago and all her belongings are kept in my old flat.
Please suggest me what should be the proper way to return her sridhan.
Should I hired a lorry for despatching her belongings to her destination ? I haver not taken any cash . All domestic items were gifted.
May I hope to get much expected reply .
Jayashree Hariharan
(Expert) 24 August 2009
Pls inform the judge that you are ready to return her belongings, he will arrange for a date and the procedure to do it, since you have cases pending against you. don't do anything by yourself.
Best wishes.
ashish sharma
(Expert) 24 August 2009
If u want to return her belongings first u make all the list of stridhan which u are gifted at the time of marriage and inform the judge with the list of articles returned to ur wife.my friend advice to you if u think the effort u make to repair ur relationship was failed and relationship are totally strained,do arrange funds and go to mediation cell and give the money to her which she demanded for divorce.dont hang urself for life in the divorce case.
DIPAK KUMAR GUPTA
(Querist) 24 August 2009
Respected Experts ,
Thank you very much for your kind advice .
The list of sridhan (including gold ornaments) has already been made and it has been confirmed by my wife. But she is raising another demand and making discrepancies in the list. Moreover , in her petition u/s 498A , aggregate value of such sridhan is mentioned to be attached as enclosure but there is no such enclosure in the courts' record .
Without prejudice to my list,I have agreed to pay an additional sum for setting-off descrepancies apart from one-time alimony for mutual divorce and for purchase of my peace.
But about one year has been elapsed but my wife is keeping herself mum.
As you have adviced me for conveying to the Hon'ble Judge for my intension to return sridhan , please suggest me the section under which such petition can be filed by me.
If I inform verbably to the Hon'ble Judge, it would be not permissible .
During restitution proceeding, I have requested the Hon'ble Judge to permit me to speak to my wife . On my request , he said that I should convey the same to my Ld. Advocate but he has gicven me an opportunity to speak with my wife. My wife declined but it was not recorded.
Further , you have advice me to contact the mediation cell . Whether it is the court's service? Please give me details regarding mediation cell.
Please advice .
With regards,
Kamal Grover
(Expert) 28 August 2009
You have to file an application in the pending case to return the Articles.
adv.kamal.grover@gmail.com
