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Akash Mandal   11 May 2024

Streedhan +limitation act

Good Morning Seniors

If wifes father had transfer 5L to husbands father account during marriage as marriage expenses or other reasons.

After 7 years wife filed civil suit for claiming that amount under streedhan under HMA 27.

Can we use Limitation Act 18?

Kindly guide

 



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 10 Replies

Dr. J C Vashista (Advocate )     11 May 2024

Originally posted by : Akash Mandal

Good Morning SeniorsIf wifes father had transfer 5L to husbands father account during marriage as marriage expenses or other reasons.After 7 years wife filed civil suit for claiming that amount under streedhan under HMA 27.Can we use Limitation Act 18?Kindly guide 

Father of wife and husband have stated to have transacted for Rs. 5 lakh 7 years back, it do not attract the concept of "stridhan" of wife.

Besides this, claim for the amount is beyond limitation of 3 years, if any.

HMA Section 27 attracts at the time of final draw of decree whereas section 18 of Limitation Act can be invoked within prescribed limitation after acknowledgement. Hence both the provisions do not apply in the instant case.

 

T. Kalaiselvan, Advocate (Advocate)     11 May 2024

Father of the wife is reported to have given an amount to the husband long ago.

It can be treated as a dowry amount demanded by the husband, if proved so.

However it will not fall under the streedhan category hence the application filed under section 27 HMA would not be maintainable in this connection

Akash Mandal   11 May 2024

Sir,

Wife's father given to Grooms father

T. Kalaiselvan, Advocate (Advocate)     11 May 2024

All the same, it is not a streedhan property.

If the amount was given to the wife by her father and in turn if she had given to it her father in law then it will fall under streedhan property. 

Shashi Dhara   11 May 2024

Streedhan means gold, silver, any other valuable jewels, gold, diamond ornaments etc  immovable properties,but money is only to spend or for expenses  it don't comes under that category.

P. Venu (Advocate)     11 May 2024

Posting suggests deeper issues. Please post complete facts. 

What is the stand of the wife's father on the issue? Has the civil suit has been filed in a family court or a civil court?

Akash Mandal   11 May 2024

Sir,

If wife father directly given to grooms father and wife claimed as streedhan after seven years.

No amount is transferred to wife's account from her father as wife was maintaining bank account since 10years.

T. Kalaiselvan, Advocate (Advocate)     12 May 2024

Her father gave this money to her father in law hence it is not her property neither it was given to her father in law with instructions to give it to her.

Besides the transaction is reported to have taken place more than seven years ago hence any claim even if intended to make in this regard is barred by limitation.

1 Like

Dr. J C Vashista (Advocate )     12 May 2024

Do not complicate the issue.

Bride's father gave money to his counterpart Groom's father which do not constitute part of "Streedhan".

Bride has no right, interest or claim over such amount stated to have been paid by her father to her father-in-law.

The amount stated to have been transferred cannot be recovered / claimed after such a long period, beyond limitation.

1 Like

P. Venu (Advocate)     12 May 2024

"If wife father directly given to grooms father and wife claimed as streedhan after seven years. No amount is transferred to wife's account from her father as wife was maintaining bank account since 10years."

You are evading the material facts, as sought.

 


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