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Saba (house wife)     25 August 2014

Streedhan and maintenance

Dear Experts plz advice.

I was necked out from matrimonial house failing to fulfil dowry demand. Was always threatened to divorce.When inlaws never permitted me in d house and stopped taking calls and said donot need me anymore, I asked them to provide my educational certificates, which they denied to give and that will not give the dowry amount, gold, silver, all my streedhan back.

Had to file MC and DVC.MC is in final stage, DVC orders were passed for maintenance last yr ,husband filed cr appeal in DVC, case going on.

Police asks to approach court and that will get my certificates on court order only and not filing FIR.University wants FIR copy.

I am helpless. No job as no docs.I need my docs coz of denial approached court but that is of no help as 498a no progress.

Please advice how to proceed.Any other way of legal approach.Heard of filing complaint under sec 92,93 to DGP to recover streedhan.

Please advice legal experts.

Thank you in advance.



Learning

 1 Replies

Tajobsindia (Senior Partner )     26 August 2014

1. You file an Application to Court for return of stridhan items as per list including all such personal belongings and locker and pray to include in your S. 498a IPC matter reference under u/s 406 IPC.


For each items which you have stated is part of
 Streedhan or Dowry Article, the same would be handed over to you after what in North India we call it as Supardaari to you as used in dowry cases.

For anything on which your husband / his side have shown rightful claim by way of receipt / witness etc. would be handed back to them after
Supardaari to them remember this. And if you had bills etc., the Police may seize them, hence lay your claims backed by proper bills of list of items you include in your stridhan list submitted in Court not like one includes empty Johnny Walker bottle of reception night now claimed as fresh new one under stridhan list if you see one with father in law when search and seizure going on at your husbands home by police.

Rest of the items would keep on rotting in Police Godown (maalkhana) till S. 406 case is decided. Most of the girls, when they know they can not get articles like Fridge, TV, Sofa, AC etc. still wants them evicted from husband’s house, though it may rot in the Police Station. So that he may not have the pleasure of these things till the case is decided (How do one know such things? Once a 498-A wife states the reasons as follows; when she came to know that she won't get these articles for herself under her exaggerated
 stridhan list, she states outside Court "Achcha, hamein AC nahi milega? Koi nahi, par police station mein rahega to usse to bina AC ke sona padega.") And hence donot lay false claim on your property like Fridge and AC given at marriage. Least later your husband / his side may outdo you and make the Police make a note of it and then produced the genuine bills of showing they themselves buying fridge / sofa / tv / ac etc. at marriage and same they do during bail proceedings that is made as entry in material records that these items are theirs and not yours. Hence bottom line here that the stridhan list should be genuine or derive some confidence.


2. Meanwhile approach case IO to effect search and seizure as it is his duty.

3. I am dead sure the IO will move an application to Court to pass an appropriate Order under search and seizure. However, the Court has no authority to monitor an investigation. Search and seizure is the part of the investigation and it is exclusively for the Investigating Agency to take steps in that regard and the
 Learned Court has no occasion to interfere with the same and moreover u/s 100 CrPC Court cannot direct IO to effect search and seizure on your asked query question.


The case IO search and seizures of recovery of stridhan articles from HIS home / In - Laws lockers etc. which also includes all your personal belongings such as cloths, personal documents such as education degree – your passport etc. Ask IO to push without further delay citing major festivals season approaching.

4.
 Yes it is true once case registered under 498a / 406 / DP Act STATE represents you. However one can hire a private criminal lawyer too if one can afford otherwise as and when State represented by its APP raises prosecution submissions they are delivering competent submissions under instructions from you for the criminal Case between State and Him and arreyed sides of HIM.

5.
 Items given to HIM cannot be recovered. So are marriage / reception expenses.

However away from above legalities if you also want Divorce then negotiate your freedom (means full and final alimony) by including a neutral person briefed with your freedom concerns and get over with life unless your side i.e. STATE can convict them whose fate one comes to know after 4-7 years traveling to Court on each and every dates in reference to context of your query as you say you don’t have a private advocate or via tel. contacts with APP of the State as the information need arises from time to time from your side on progress of the case.


For further understanding you may click link; 

 

https://www.lawyersclubindia.com/forum/What-is-a-court-order-to-recover-stridhan--68003.asp#.U_uSOMWSxME


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