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ritu (journalist)     04 August 2011

Section 125

I have filed a Section 125 against my husband and in-laws. The list of streedhan includes jewellry given to me by my maternal and parental grandmothers. i cant show any bill/proof of those jewelleries and also the cash (Rs 2 lakhs) that i got from the guests during my marriage. what is the way to get back the cash and the jewellery? how will the police verify the same if my husband hides streedhan somewhere?


 8 Replies

Adv. Chandrasekhar (Advocate)     04 August 2011

Under Section 125 Cr.P.C. you cannot recover the stridhan articles. 

The problem which you have been facing is faced by all the women who want to recover their stridhan articles from in-laws, who forciably kept into their custody, some times by hook and some times by crook. 

There is no legal procedure available to a wife to recover her stridhan articles, even though it is expressly written in law that she is the absolute owner of her stridhan articles and those can be recoverable.  So, the wife's advocates adopted the method of filing criminal case under Sectin 498-A along with Section 406 to recover stridhan article, even though she is not really interested to pursue the case of Section 498-A but she follow up the case  for the sole purpose of recovering stridhan articles and dowry amount. The judiciary also knowing all these things in and out, insist the husband to return the stridhan articles and dowry amount to get the bail order in Section 498-A read with Section 406.   Some times, if you file a complaint before the crime against women cell, they also use their influence to recover that amount.  

Now,for recovery of stridhan articles and amount of Rs.2.00 lakhs, you have to file a complaint under Section 406 IPC or you can file civil suit.  The civil suit is costly and not that much effective.

To prove that youu received stridhan articles and that amount, as you have no documentary proof, you can rely the photographs of the marriage to show the stridhan articles.  In addition to this you can bring two or three witnesses, who attended the marriage, to prove that Rs.2.00 lakhs was collected and given as stridhan.   

ritu (journalist)     04 August 2011

respected Chandu ji... though i have photos of the cash given,, i dont have any photo of the jewelleries given by my grandmothers as those were given to me by my mother during the ceremony of pugpheri (a ritual where the bride has to come to her parents' home for a few days after marriage). i also took the other wedding gifts during the pugpheri..

Ravinder Kumar (Account Director)     04 August 2011

@owner: If you have bills/proofs you can get back the equiv of cash from your husband, though I doubt if it is possible through CRPC 125...

You may have to file for 498 or divorce for any could also go for judicial separation where in the final agreement which you both will sign can recover all your gifts/jewellary/cash...

Rahul T (Engineer)     04 August 2011



                Don’t comminute mistake by listening law professional & blindly file case. Think once about your husband side also. If he is a financially strong, then he also will file multiple counter Cassese. Therefore the number of cases will increase.


And unfortunately you only have to bare the expenses… if it goes beyond your @L then??? Generally a case in Indian court runs for 2-5 sometimes 7 years…. If you have around 6 cases….  Then what will be your monthly expense??? & YEARLY???? & AFTER 5 YEARS????????????????................... THINK….

ritu (journalist)     04 August 2011

@Rahul: so according to you i should ask for what is actually mine and should let my in-laws and husband enjoy what is rightfully mine? A middle class girl's parents save throughout their lives and then save enough to buy jewellery and marry off their daughter. When parents marry their daughter, they dont even remotely think that their daughter would fall victim to her husband and in-laws' cruelty and hence secured all the bills related to jewellery and marriage costs. I have a small baby of 3 months and i am jobless at present while on the other hand my ass*hole husband and  in-laws have abondoned me and their responsibility towards this child and at the same time my mother-in-law is marrying off my sister-in-law and giving away all my jewelleries to her..

adv.yogesh sudhakar bawiskar (lawyers)     05 August 2011

u can filled a domastic woman valance act 2005.sec.12,17,18,19,20,and 22also.

VictimOfBiasLaw (Professional)     05 August 2011

@adv. yogesh , 

what is  domastic woman valance act 2005.sec.17,18,19,20,and 22.
My wife filed this cases to get money from me.

Is it of serious nature ?

because she file in case that she was harassed... now she is saying that she want to join me otherwise want maintenance.

but i don't want to stay with her after this fake case.
but meanwhile court has ordered interiem maintenance Rs. 4000/-

Rahul T (Engineer)     05 August 2011

@ Ritu,

            I agree with you, I understand your feeling. Yes I do accept that you should get your things back. But my question is at what cost? Please come to the real world. Those who are greedy, they will never release any jewelry at any cost. On top of that they may file few more counter cases.


 As you mentioned that you are currently job less, therefore all the cost of your cases has is bared by your old parents.  I am not refusing that you should not file any case. My suggestion was File list amount of case with valid proof, so that you can win them & get some compensation so that you can survive with your innocent Kid. If you fill random cases without any valid proof, then those cases may spoil your valid cases.


Domestic Dispute is nothing but the game of Mind not Heart.  Think logically and than file cases cautiously….

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