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Guru (Sales Manager)     19 September 2013

Fact about streedhan

 

I got married in Feb 2013, 7 months completed. This period of time many things happened with me. My wife was stayed with me approx 30-40 days just. I tried many times and put my all hard efforts to convey her. She file the fake police complaint against me....Her behaviour is very rude towards me and my parent. Also We did 1 family meetings between her and mine family members....There she was alleged me lot, but she prove wrong in all allegations.....Even her family members are not support her in her lies except her parent......After 2 days of family meeting she called and ask for divorce...After some internal discussion we agreed for divorce.....Now her accepted game was start....She threaten me for money and demand huge amount which is not possible. I said do whatever you wish to do, i know I am not wrong than why should fear from her.....Till nothing happened, I have served 1 notice to her for cohabit with me and gave her 7 days time.....Time was over, 1 day she and her mother came for meeting and again discuss about the money and all...nothing come out from this meeting....She start call my relatives and me and again threatening for money varna ye kar dungi, vo kar dungi......Now, had ho gayi she abusing my parent, tere bap ki, tere ma ki....So cheap language she used......I have recorded all things... Now, she demands her cloths and some artificial jewellery which are lying at my home. I said OK come and collect from my home and return my things which are lying with you and we both sign 1 agreement that we do inter exchange our things willingly....She is not agreed to sign document and threatening us if we are not give her without any documentation then she will come along with Police......

 

Now, today she give 1 application to Police Station and demanding her things....So, I have give that things to her in Police station. Now, police has said I have to also return Gold Jewellery which we gave her at the time of marriage and engagement...And she will not return my Gold jewellery which are lying with her, police said its depend up on her, if she wants to return then she will or else we can't force her...She was completely deny to return my things....Police has took my statement forcefully on blank paper that Gold jewellery is lying with me and I will return her....Please let me know the fact of Streedhan.....Kindly let me know what to do further? If i return that things then there is no any assurance that she will give me divorce amicably. Police also told me that we will not responsible for divorce as this is Civil case, they will give only assurance that she will not file any criminal case on me....But I have full on doubt on this wordings as I treated by police today.......Now, please advise me what to do in this case....I have only 15 hours only...



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 8 Replies

Saurabh..V (Law Consultant)     19 September 2013

@Author

 

Although this is a repost I would like to inform you that all items gifted to the bride shall be considered to be Streedhan. If you had gifted her some gold jewellery, then it would also be considered as Stridhan.

 

This is the apathy of our Great Indian Judicial system that on one side we do not want to let go our old traditions which blindly favors girls, but we agitate on those customary provisions which are against them. Either let go all Stridhan fundas or let the girls follow all customary requirements. This hypocratic behaviour has brought the society to this juncture of strain where neither the society is able to accept the modern way of living in full nor is able to leave behind the old customs.

 

//peace

/Saurabh..V

1 Like

(Guest)

Police are not entitled to take your sign forcefully  it is against of constitution. I wonder what made you to do so?

Till date you don't hired any Advocate? if hired then can't you consult your lawyer atleast over phone?


Dude......first google on net and search what Police can't do and What they can do.

Once you will be aware of such things then definately you will be self confident to face this Fake Indian Police who are only for bribes.

Whose stomachs are the signal for Bribes. Jiska Jitna Bada Pet utna Bada GushKhor;)


Streedhan is any item which is willingly given to Bride during marriage or after marriage by either side of the party is termed as Streedhan.

Once given by full consent to her that can't be asked. Temporary custody or for any wellfare of short duration to handle any item's are not termed as Streedhan.

For conduct of streedhan the giver has to give such item to her for lifetime.There are customs to give jewellery during marriage,during Moohdikhai,Furnitures,utensil's given by her parent's all comes under streedhan.


Remmeber: The gift given to Groom during or after marriage is not termed as Streedhan.


regards.

1 Like

Adv k . mahesh (advocate)     19 September 2013

it is a fact that any items gifted as streedhan is the property of your wife even your gift to your wife at the time of marriage she can demand and even if you go to court also court will order to hand over those items to her with counter signature you can demand from her 

and why police is doing because you may have objected to hand over those items to her and police took this initiative to force you to sign the paper and when you go this time first list out all the items and sign in front of the police and hand over it to them and take the blank paper signed by you 

1 Like

T. Kalaiselvan, Advocate (Advocate)     19 September 2013

Mr. Guru,

Firstly Police has got no rights to force you to hand over your wife's items to her, however, it is your safety that if you obtain an acknowledgment from your wife for having received back all her items mentioned in the list and duly witnessed by the police, your wife stands losing the chance of filing a criminal complaint against you thereafter u/s 498A or other related laws.  If she is stubborn and adamant enough to not to return to matrimonial fold once again, on the basis of your notice and also using the document namely acknowledgment by your wife as a documentary evidence, you may file a petition for divorce under the grounds of cruelty, however, you may have to wait for a period of one year or can file a permission petition u/s 14 of HMA for prosecuting your wife in the divorce case within one year from the date of marriage and after obtaining permission, you may proceed with the main case for divorce on the said grounds.   

1 Like

Guru (Sales Manager)     20 September 2013

 

Dear Experts, thanks all of you for reply my query.....

@ Mr Kalaiselvan and other experts........

Now it's already happened....And Police took my signed on statement in Marathi language that said Some Gold Jewellery are pending with me, which we  gave her (From boy side) at the time of marriage i.e. Mangal Sutra, Bangles, Silver Coins etc.....

Should I say that Police has took my statement forcefully if any criminal case (498a) file on me and matter will go at court?

If I deny that above stated all Gold ornaments are with her only, then what? Although Police has my signed statement as I mention above.

One more thing I have to clarify that Police has not gave me any acknowledgement copy of her that she received her things, whatever I had return to her in Police presance.

Here I also want to clarify sirs that I am not interested in any streedhan to keep with me. The only thing is she want extort money from me...Even there is no any assurance if I give her all that things then she will give me divorce amicably....

Guru (Sales Manager)     20 September 2013

Also let me know, if from bride side they give some Gold jewellery to Groom, is it also count as streedhan?


(Guest)

@ Guru,

Don't ask same query repeatedly ,even you had PM me of same query which has been answered by expert's here number of times on your query but then also asking via PM to me ....Doesn't make any sense.as you have asked same querry via PM 10 times to me which has been already answered.Now stop it.If you don't believe on expert's then better consult your lawyer but don't confuse yourself by posting same query.

Guru (Sales Manager)     23 September 2013

Thanks sir...


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