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Kshiteej Anokar (Advocate)     28 December 2009

can we get the stridhan of the deceased bride by her in laws

Priyanka, was married with Rahul on 23rd of March 2009, at the time of marriage her father gifted her the Gold worth Rs 20,000/- . Some house utensils, Cot, T.V. , Fan, refrigerator , all these things in all worth Rs. 1,00,000/- Priyanka found dead on 5th of July 2009. The police authorities investigated the matter and filled charge sheet against the husband and his realtives for 306 and dowry death. Now it is the say of the father of Priyanka that, all the things which are given at the time of the marriage, should be recovered from the wrong door husband and his relatives, what legal action?



Learning

 4 Replies

Devajyoti Barman (Advocate)     28 December 2009

In the context of sad demise of the victim/wife the application of offence u/s 406 IPC does not seem to be feasable.However the complaint u/s 3 & 4 of Dowry Prohibition Act can be filed alleging claim of dowry by the father of the victim girl against her husband and in-laws.

Adv Archana Deshmukh (Practicing Advocate)     28 December 2009

 Yes it can be recovered.  S 15 (2)(a) HSA clearly states that the property inherited by a female hindu from her father or  mother shall devolve upon the heirs of her father, in the absence of any sons or daughters.  I think a recovery suit can be filed.  

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Adv Archana Deshmukh (Practicing Advocate)     28 December 2009

 Let us see what the other experts say..

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     30 December 2009

There is no specific provision in IPC in this regard. Complaint under section 3 of Dowry Prohibition Act or suit for recovery are the only remedy available to the father ot the deceased in such matter.

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