Stridhan lying in matrimonial house of deserter wife
VISHNU
(Querist) 14 April 2012
This query is : Resolved
R/Sir
1. Anju deserted husband since 14 years. civil court held this fact. In criminal complaint u/s 406/498 anju/wife failed to prove offence and dismissial of complaint. Another in civil suit the husband requested the court that wife may be directed to take stridhan and in that case wife failed to proved the items given at the time of marriage and similarly husband also failed to prove the items received by him during marriage because wife says this is too meare. suit dismissed.
query
1. How wife can recover the stridhan lying with husband as an admitted part by husband, even when suit dismissed.
2. liability of husband of stridhan in coming years because of above facts.
3. Latest law on this points to justify the answers and oblige.
Devajyoti Barman
(Expert) 14 April 2012
If both the civil suit and the criminal cases get dismissed on the point of stridhan articles then I afraid the wife does not have any legal recourse to get her articles back unless on appeal the dismissal order gets set aside.
Deepak Nair
(Expert) 14 April 2012
At this stage, there is no remedy in my view to recover streedhan as the petiton filed with respect to the same are dismissed for lack of evidence.