Harassment

Querist : Anonymous (Querist) 11 March 2026 This query is : Resolved
The husband took his wife's gold 25 years ago. He did not return it. Now that they are at odds, will the wife file a case of harassment? Will there be only a civil case? Will the time- limitation law be an obstacle?

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kavksatyanarayana (Expert) 11 March 2026
It is her stridhan and she can file a case to recover the gold with a proof of witness/receipt/marriage photo etc. What harassment by the husband of his wife to file a harassment case?

T. Kalaiselvan, Advocate (Expert) 11 March 2026
Gold given to a woman at the time of marriage or later is legally considered her absolute property (Stridhan). The husband or his family only hold it in trust if they keep it.
Courts have repeatedly held that refusal to return Stridhan can amount to a criminal offence.
Even if the gold was taken long ago, criminal liability can still arise if the husband refuses to return it when demanded now.
Normally, limitation for filing complaints is governed by Section 468 CrPC.
However, courts often treat non-return of Stridhan as a “continuing offence.”
Limitation usually starts from the date when the wife demanded the gold and the husband refused, not from the date when it was originally taken.
The wife can also file a civil suit for recovery of property (gold) or its value.
But here the limitation period is usually 3 years from the date the right to sue arises.
If she knew for decades that the gold was not returned, the civil suit may face limitation problems unless she proves a recent refusal or acknowledgment.
Wife can file a criminal complaint (406 IPC / possibly 498A) for non-return of gold.
The 25-year gap may not bar the criminal case because courts treat Stridhan retention as a continuing offence.
A civil recovery suit may face limitation issues, but depends on facts.

Dr. J C Vashista (Expert) 12 March 2026
The gold is stated to be given by wife to husband, now it is the property of husband but certainly out of the preview of concept of "stridhan".
Why wife did not claim her gold for 25 years and why the question of returning gold is raised now?
What is your concern / locus standi to the post / query?

P. Venu (Expert) 20 March 2026
The posting suggests deeper issues. Please post complete facts.

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