Stridhan, dowry, gifts etc

Hi,

My FIL has filed false 498a/406 complaint against me and my family. They gave us some of the items during marriage as part of custom which included:

1. Jewelery given to mother - presently with mother
2. Jewelery given to me - presently with me
3. Common usage articles such as bed, almirah, dressing table, etc (nothing hifi and expensive)

Now, they've mentioned all of these as dowry articles given by them to us. My wife has already taken all of her stridhan without our knowledge while deserting me.

1. What can I do prove that these are not dowry articles and we never demanded them, in fact, they literally begged us to take the common usage articles (in p3 above) as we were against such things.

opinion; No need to worry, the item which is gifted can't be termed as dowry.

1. Can the jewlery given as gift to my mother be claimed back. Shouldn't it be her stridhan now?

Opinion: Logicaly you are correct but legaly it is not called as stridhan because your mother is not get married with such exchange of stidhan from either ends.Here stridhan will only be called for your wife whereas for mother her stridhan will be called when it is given during her marriage time or even now through any side apart from your wife's side.

But,legaly the gift which was given can't be asked if any deed is made or any proof for the same.

 

for your other query:

 

1. The gift given to boy can't be asked the same as the gift given to girl.

 

2. The marriage expenses and deliver of gifts given to either side can't be asked and recovered.

But stridhan kept by any individual other than wife will be recovered through U/s 406 IPC.

 

If that was not concluded in dowry.

Because dowry is recovered in terms of penalty when accused is charged with such offence.

So my stance for complaint should be:

• Willing to give back any Stridhan that is left.
• For gifts which my FIL is asking for recovery under the garb of dowry items - he has to prove if we ever demanded anything. If it can't be proven, then it is not dowry but just gifts which are not liable to returned.

Is it correct?

Just to be clear, I do not have any intention of keeping any of their so called dowry items. I would rather just give them back and be done with the case, but if returning the items somehow makes me guilty (don't know about botched up Indian laws and judicial system) then I would rather fight the case on merits.

return the article can not acquittal all of you or your family members, 498A of ipc is for cruelty due to dowry demand so fight the case on merit, no need to return gift to them.

You have to return stridhan only , make a list of stridhan and submit all the items to the io in The ps , and take the receipt duly signed by The io , witnesses and The girl , don't return The gift which you a