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prakash (engineering)     16 December 2011

Return of dowry after divorce

hi,

My sister got married in a court in USA in 2006, after which a traditional marraige was arranged and conducted in hyderabad,india. Both husband and wife are NRI's.

Since the marraige was already registered in a USA court, we did not find it necessary to register it in india.We had given some gold(160 gms), silver(2.3 kg), cash(30,000/-) and some house items(25,000/-) in dowry and gifts. both husband and wife returned to USA,leaving all the above mentioned items in the boys house.

However after 2 yrs,they got divorced due to various reasons. The divorce was granted in a USA court.

Recently, we came to know that the boy has come back to india,and remarried in india. we want to ask his parents to return the gold,silver and cash that was given at the time of marraige.

Is it legally correct to ask them for the return of the gifts and dowry? 

So far we have not contacted them regarding this matter. how do we proceed now?

Any suggestion will be helpful and appreciated.

thanks.



Learning

 6 Replies

**Victim** (job)     16 December 2011

Since the marriage was solemnised in U.S. and then later divorce was granted in U.S. your sister cannot file any cases on her husband in india she has to file those claim in U.S. only. As far as i know recovering those gifts and dowry is not possible. Her husband is free from all ties and there does not exist any relation or matter better his pas married life.

1 Like

**Victim** (job)     16 December 2011

Your sister should have claimed those articles during divorce proceedings in U.S. it's too late to claim them and no matter what your sister has to claim those articles in U.S. only there won't be any 498 (a) case applicable here.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     16 December 2011

Dear Prakash file a complaint u/s 406, 420 Ipc for return Stridhan. feel free to call
1 Like

Sanjeev (Lawyer)     16 December 2011

why to complicate the issues by filing any cases when everything has been already settled why dont you talk to the Boys family to return the things that were given in the Marriage the Gold and the Silver forget the cash.

I dont think this is a legal issue now this can be sorted amicably. Suggestion to file 406 looks inappropriate. This is too late to be asking for these things now she would have already been compensated in US court.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     16 December 2011

Let bynoges be bygones, sanjeev has given proper advice.

1 Like

Self service (None)     28 December 2011

I don't understand if boy is remarrying so you want to ask back items? They married and divorced in US and I a msure US court has given money as per US laws based on state where they filed.

And any way if you ignore metal cost ( Gold and Silver) amount is not worth of even asking only Rs 55000. And if you want to take advantage of Gold and Silver price than this is going to be harmful for you too. You need to prove all and not worth of any thing. Better forget all.


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