Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shishir (Manager - Business MIS)     18 April 2011

Regarding Stridhan in false 498A case

Dear Members/Experts,

Please throw some light on my matter. Just to brief about my case, my wife lodged false complaint against me and my family u/s 498A a year back. In FIR she has added few more sections along with 498A and one of it is related to Stridhan. We obtained anticipatory bail (AB) from Bombay High Court. During AB process, she demanded lump sum money in lieu of Stridhan. High Court passed interim relief order and asked us to deposit DD for said amount. We comply with the order and submitted DD at police station. In the next hearing, she asked for her belongings instead of money. Thus HC passed final order of AB stating that, all her stridhan articles be returned to her and money can be claimed after three weeks of returning stridhan. Accordingly we returned her stridhan articles. Now case is under trial before Chief Magistrate Court.

My lawyer did not apply for return of DD for next few months. Now my lawyer says application for return of DD has been filed u/s 497, but opposite party has objected on it.

Please suggest me on:

1.      How can my wife object on DD claim? (When it has been clearly stated in HC order, that we can claim our money back on returning her stridhan)

2.      What should I do if at all she has raised objection?

Your inputs will be valuable in this matter.



Learning

 11 Replies

Anil Agrawal (Retired)     22 April 2011

Where is Streedhan defined?

Shishir (Manager - Business MIS)     25 April 2011

Thanks Anil..... the articles and valuation of streedhan was defined in FIR as supplementary page.

Shishir (Manager - Business MIS)     25 April 2011

Thanks Anil..... the articles and valuation of streedhan was defined in FIR as supplementary page. And to correct my matter explained above, my lawyer has put up application u/s 457 (mistakenly I have mentioned u/s 497)

Anil Agrawal (Retired)     25 April 2011

My question is:

Where in law Streedhan has been defined?

Shishir (Manager - Business MIS)     25 April 2011

About definition of Sridhan in law, I am not aware of.

rajshree (freelance)     26 April 2011

Originally posted by :Shishir
"
Dear Members/Experts,

Please throw some light on my matter. Just to brief about my case, my wife lodged false complaint against me and my family u/s 498A a year back. In FIR she has added few more sections along with 498A and one of it is related to Stridhan. We obtained anticipatory bail (AB) from Bombay High Court. During AB process, she demanded lump sum money in lieu of Stridhan. High Court passed interim relief order and asked us to deposit DD for said amount. We comply with the order and submitted DD at police station. In the next hearing, she asked for her belongings instead of money. Thus HC passed final order of AB stating that, all her stridhan articles be returned to her and money can be claimed after three weeks of returning stridhan. Accordingly we returned her stridhan articles. Now case is under trial before Chief Magistrate Court.

My lawyer did not apply for return of DD for next few months. Now my lawyer says application for return of DD has been filed u/s 497, but opposite party has objected on it.

Please suggest me on:

1.      How can my wife object on DD claim? (When it has been clearly stated in HC order, that we can claim our money back on returning her stridhan)

2.      What should I do if at all she has raised objection?

Your inputs will be valuable in this matter.
"

The order of DD was quite invalid and strange. Well, now that she has taken DD too and asking for things, you must file a separate application stating that she has taken money in lieu of stridhan and stridhan too. This application is to be filed in lower court. You can attach your hc order too. As the procedure followed was strange and rare, I cannot provide you any sections for claiming the money back.

Arup (UNEMPLOYED)     27 May 2011

1.      How can my wife object on DD claim? (When it has been clearly stated in HC order, that we can claim our money back on returning her stridhan)

---   she can not.

as per the highcourt order,  after returning the stridhan, you have the right toget the dd  back. for this purpose you have to prepare the documents of returning stridhan and the copy  hc order, where dd submitted.

wife can object if stridhan not returned to her. this is the only point in favour of her.

here to be noted that if you have no document of returning the stridhan you will suffer. several cases are reported here that though the stridhan taken by the wife but latter on she denied.

 

2.      What should I do if at all she has raised objection?

----    go to the hc with the document of return of the said stridhan.

Arup (UNEMPLOYED)     27 May 2011

stridhan means the personal property of a married woman' which she kept in her matrimonial home.

this term widely used in matrimonial disputes.

Anil Agrawal (Retired)     27 May 2011

Sir,

Not meaning. Definition as per law.

498_final stage (Professional)     28 August 2015

In my case she took away her streedhan (from Gurgaon) the day police came. However her mother in her complaint only wrote that she is taking her educational certificates only. Police stamped the complaint without any investigation. Later police wrote that the girl and her mother want to continue their complaint from Ghaziabad or Kanpur.

Now after 2.5 years they have filed a separate 406 case against me. Kanpur Police said that no case of 406 is found but still Judge has made out a case and even processed NBW against me, my mother and sister.

We finally got the stay order for my mother and sister from HC but still it seems something is cooking between the judge and the party. Kindly Advice!

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register