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Deepak Aggarwal   07 December 2018

498A /406 against husband

my husband is denying to give gold articles and cash that is given at time of marriage. his family stated that present photo/video that we gave such article to them.we have no prove.no person expect my mother/father/brother is witnessed that .help me how to recover my stridhan


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 6 Replies

Vijay Raj Mahajan (Advocate)     07 December 2018

Gold and cash give to husband and in-laws are gift not istridhan of the wife, only the gold and cash given to wife by her parents, husband and in-laws are her istridhan. Don't confuse the two while seeking claim of the istridhan back otherwise you're claim fails and charges under section 406 IPC get dismissed.

Shashi Dhara   07 December 2018

U issue a legal notice to return the gold ornaments.if they deny file civil or criminal case Aga nstthem in competent court of law.

Kumar Doab (FIN)     07 December 2018

Your own counsel is to help and guide you to understand what exactly is streedhan, gift etc .

Either of the spouses after succeeding in court can decide to press damages against other spouse.

Kumar Doab (FIN)     07 December 2018

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife), RTI activists  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Service  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Family/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Civil matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

 

There are many queries from various prespecyives at LCI that you can search using SEARCH option in threads, articles, Files….and you can pick up relevant points and prepare to defend e.g;

Article under my profile;


Spouse of employee in marital dispute can get copy of 'Dowry Declaration signed by employee'

Dr J C Vashista (Advocate)     08 December 2018

You have already engaged an able, competent and intelligent counsel seek his/her guidance.

However, if you have lost faith in him/ her change him/ her immediately.

Siddharth Srivastava (Advocate)     08 December 2018

the witness of father, mother etc. are relevant. it is correct that articles gifted to in laws and other family members does not fall in the category of Istridhan but if such items were demanded and then handed over in furtherance of such demand then such so-called gifts falls under dowry. consult a lawyer with details

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