GoodnessMisused (NA) 19 February 2015

Jewels claim and dv

Hi Honourable lawyers and fellow people,

As part of too much domestic vilence, money demands and emotional torchure had to give police petetion to seek safety from Inlaws & their relatives.

Then it was a foulgame they played and never allowed inside house to live with them failing all counselling and mediation.They invited me to court.So filed 498 a case and its in chargesheet phase.As per Indian story they tricked politicians help,bribed police, got anticipatory bail which was all well planned and invited to court with much liberty and confidence without any pain.

When i ask for my jewels(given from parents, i dont need wht they have gifted) they say it is not there at their home in police station and challenge any action can be taken against them.Police doesnot speak anything saying its not in their powers.

They are tricking me through lawyer, saying if i withdraw all cases and agree for MCD, they will give my jewels.

I want to contest DV case as i have all medical certificates and other evidences of physical and mental assualt.But i am also bothered about my jewel.

Looks to be like Lawyers on both sides have mutually agreed to make some settlement and my own lawyer says claiming jewels from court without/with bills and evidences is Really difficult and time waste,so i should agree with settlement of 2lakhs they are offering and withdraw all cases.

I am not interested in alimony,maintainence and settlement.

I want my jewels and then contest cases to get legal remedy for DV.

Hearing a lot like its all abt just settlement court can offer,no punishment can be given to them.With my jewels in thier hand playing blackmail trick.I have evidences(phone recorded) abt my jewels in their home.Bills are present in their home itself to submit in court.Planning to make a pressmeet and open their ugly faces, as police cannot work on this, and lawyer doesnot guarantee jewels from court.

so where is the legal system in India, if things are so vulnerable.Any legal advices, much appreciated

please advice

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2 Replies

Adv. Chandrasekhar (Advocate) 20 February 2015

I am not interested in alimony,maintainence and settlement.

I want my jewels and then contest cases to get legal remedy for DV.

I can understand your insistence and fighting spirit to get back your jewels. Jewels being stridhan, there are these following three methods to recover them.

1. File a Section 406 IPC complaint before police station and follow it up to register as FIR and contest the case in criminal court.

2. In the domestic violence case, move appropriate application seeking the return of jewels.

3. File a civil suit for recovery of stri-dhan.

Generally, what the court goes into this thing to favour is documentary evidence and electronic evidence: marriage CDs, jewellery purchase bills and marriage photographs showing jeweller.

Next oral evidence, by you and your relatives, who have seen these jewellery being given to you at the time of marriage.

Next, if you know where (in any bank locker etc. that would be much helpful) they kept that jewellery. If it is bank locker, you can ask for its seizure, in DV case. The telephonic conversation (you know it has got its own difficulties to prove) will be added piece of evidence in addition to the above. You analyse the above tips and if you are sure fight it out to get your jewellery. Do not put precepts that once you get back your jewellery, you pursue court cases. Both are intermingled. If you are satisfied that your advocate has collusion, take the file to an independent advocate and get his second opinion about the chances of getting back your jewellery.