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VictimOfBiasLaw (Professional)     07 December 2011

?? stridhan ??- can wife demand sridhan from inlaws ?

1. Wife filed false DV case under sec 18,19,20,22.

2. Wife demanding 30,000/- per month, but court give judgement for Rs 4,000/- per month as interiem maintenance.

3. Husband appeal in session court to reduce maintenance amount ( Don't know wife is aware about this or not ) 
Court give the date for hearing of this affidavite

My Question :

1. After 4 month of court judgement for Rs 4,000/- interiem maintenance Wife again file affidavite in same court to increase amount to 30,000/- per month and asking Rs. 3 lakhs sridhan from in-laws u/s 22 ( wife is saying husband don't have any responsibility and earning well )

2. Important Question is : Can wife ask Sridhan amount from in-laws ? as wife have less chance to get money from husband so they want to presurrise in-laws.



Learning

 18 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 December 2011

Yes the wife have right to demand her Stridhan from her husband and in laws as per case/fact & circumstances.

if Stridhan is  not return to wife then wife may filed the case u/s 406, 420 of ipc

Rohit Shukla (Engineer)     07 December 2011

C'mon Nadeem Sir, Sec 420 for Stridhan? ....... & if she fails then isn't lie a greater risk of facing defamation/cruelty charges?
 

Sudhir Kumar, Advocate (Advocate)     08 December 2011

You have not specified the profession and income of husband. Whther he as paying capacity of rs 30000 p.m.? How can this be possibleif husband appeals against an award of lower court and the wife is not aware?

VictimOfBiasLaw (Professional)     08 December 2011

@ Sudhir Kumar ,
Husband is right now foreign and he is earning around $4,000/- per month so wife converted into 

INR and add some indian income like MutualFund and Shares and derived husband income as INR 1,00,000/-

so she is asking 1/3 of it.

VictimOfBiasLaw (Professional)     08 December 2011

@ Sudhir Kumar ,

1. Husband is right now foreign and he is earning around $4,000/- per month so wife converted into 
INR and add some indian income like MutualFund and Shares and derived husband income as INR 1,00,000/-  so she is asking 1/3 of it.

 

2. Husband is assuming that wife might not be aware otherwise why she file affidavite in same court 
? when husband appeal in session court aginst the lower court decesion.

As per my knowledge wife has to appeal in higher court to increase maintenance not in same lower court.


Sudhir Kumar, Advocate (Advocate)     08 December 2011

If that is the case then the maintenance claim of wife may not appeal to be highly inflated. If she has made any appeal in hig court you are bound to get a notice on the address provided by her and you can check the case status on the website of high court (since you know the names of the parties) and instruct you lawyer accordingly.

rajiv_lodha (zz)     08 December 2011

Dear!

She can ask istreedhan from ur parents. But remember, she has to PROVE that such items arewith them. False allegations wont lead her anywhere.

VictimOfBiasLaw (Professional)     09 December 2011

All claims for Stridhan are false , wife didn't bring even a single rupee.

but now they produced fake bill ( please note on paper ) and asking Rs 3,00,000/- from husband parents.

How can husband prove that it is fake ? and what if wife produce fake bill how can husband trap her ?

Please advice on this.

VictimOfBiasLaw (Professional)     09 December 2011

Learned Memeber please advice

rajiv_lodha (zz)     09 December 2011

It shud be a VAT PAID BILL to gain weight in the eyes of law, dear!

Sudhir Kumar, Advocate (Advocate)     10 December 2011

IF THE AUTHENYICITY OF THE BILLS IS CHALLNGED THE SAME WILL HAVE TO BE PROVED BY EVIDENCE OF VENDOR AND IF VENDOR HAS NOT PAID TAXES HE WILL NOT COME FOR EVIDENCE he is not ruining his business forske of someone' case. you sya that she did not bring anything but gifts by you and your relatives is also stridhan

VictimOfBiasLaw (Professional)     10 December 2011

Many Many thanks all of you ... Atleast law is not blind in this case.

I thought just producing list of bills is enough.....

No wife didn't bring single rupee and bill they produced in the court is on paper /hand written without any bill/shop name.

FYI - in Same case wife produced husband bank statement with fake sign and stamp of the bank.

Husband brought letter from bank that this statement is not issued by bank and sign,stamp,address is fake.

Court consider this and start inquiry but as per husband lawyer there are lot of loopholes to prove this... because wife can say that this was given by husband himself or i found in the house in the cupbord...etc...etc...

Because of bias and blind law wife again dare to produce fake bills to get money .... because there is no penalty to wife .

 

Sreenivas V (S/W)     31 October 2012

Hi All,

In case wife says no bills and all this gold they got it from ancestoral how this is taken by court.

Sudhir Kumar, Advocate (Advocate)     01 November 2012

for ancestrol gold no bills will be there.

 

for the gold presented by husband's relative she will have not bills.

 

So istridhan cannot be refused simply because of absence of receipts and bills.

 

Even if the gold is purpchae with paying sale tax and VAT still it is her gold andhusband gets no license to keep it. The existanc eof gold can be proved by photo/video evidence of marriage


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