divorce


maine aur mere husband ne mutual consent se divorce case file kiya h hamare beech alimony aur mera sara dahej ka saman wapas dene ki bat sab kuch decide ho chuka tha pr ab mera husband na to alimony ke pese court me deposite kar rha h aur na hi mera saman wapas de rha h roz naye naye bahane banakar mujhe pareshan kar rha h mujhe plz koi advice de ki mai apna saman kis tarah se usse wapas le sakti hu aur kya mera husband alimony dene se peeche hat sakta h jabki ye sab kuch divorce deed me mention kiya ja chuka h kya court uske khilaf koi action nhi le sakta plz help me
 
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As per the Hindu philosophy, Streedhan is the absolute property of a woman and she has the right to gift/will away as per her own will. She does not even require the consent of her husband. A husband may/may not use it, but, if he uses it, then he must return the same to his wife when required. This includes all the movable and immovable property received by her.

Stridhan is whatever a women receives during her lifetime including all movable, immovable property, gifts etc received prior to marriage, at the time of marriage and during child birth.

Even if the husband and wife both use a gifted asset during the marriage, in the event of a divorce, that asset becomes the wife’s.

A woman has an inalienable right to 'streedhan' and can claim it even after her separation from her husband, the Supreme Court has said in a ruling that makes it clear that denial of her claims can amount to domestic violence, making her husband and in-laws liable to face criminal prosecution.

As you've already mentioned in your query - "hamare beech alimony aur mera sara dahej ka saman wapas dene ki bat sab kuch decide ho chuka tha".
This statement makes it certain that the matters were properly decided between both the parties i.e you and your husband, however, he later on neglects to fulfill the promises made.

Therefore, a complaint under section 406 IPC is competent in this situation.

Setion 406 of the Indian Penal Code (IPC), 1860 deals with punishmen(s)t for criminal breach of trust.

This section goes like -
"Whoever commits criminal breach of trust shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both".

As per your scenario, you've already filed for a divorce, you may proceed to file an additional application in the court including details about all your belongings and can file a criminal case against your in-laws and husband U/S406 IPC.

In order to be successful, you will have to give the list of all your belongings, bank details, wedding proof (pictures).

Hope It Helps

Regards
Kevin M. Paul
 
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Advocate

The facts posted lacks clarity. Has the grant of divorce by mutual consent beed decreed or is it still pending?

 
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The facts posted lacks clarity. Has the grant of divorce by mutual consent beed decreed or is it still pending? no sir its in process
 
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