Dv and dowry Dv and dowry

5 years ago

Hello sir I got married in 2017may my parents hv gvn dowry in lakhs Nd even more den 15 lakhs worth jewellery and furniture and silver was gftd to me by my parent's , my husband and in-laws hv tortured me lot and even overdosed me wth some paracetamol pills in sep2017 from den I was not taken by dem to the matrimonial house Nd I was restricted by dem to not be in house since from the day of my marraige till now my clothes and accessories everything are wth dem , right now we are trying to solve this issue mutually by our community and now it's been going to b 2 yrs I am asking to return me my stridhan but my husband and in-laws are not giving me Nd dey r refusing to gv it on my demand don't I have rights on my stridhan

Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Madam,
You just follow what has already been advised and go step by step.
Sooner you get in to action it will be better for you.
Shanti Ranjan Behera
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Shreyash Mohta

Responded 5 years ago

A.Mam, these are the following steps you should follow

1. Police Complaint, [failing which]
2. Send them a legal notice [Prescribing the time period in which they need to return the items], Also, the legal notice should mention what all properties are you asking for and should contain a list of the same, It should also mention that upon failure to comply all the
member who are in possession of such Stridhan will be liable to be prosecuted u/s 405 and 406 of the IPC

Coming to your rights of Stridhan, they are as follows

1. u/s 405 IPC
2. u/s 14 of The Hindu Succession Act, r/w section 27 of the Hindu Marriage Act
3. u/s 12 of The Domestic Violence Act
4. u/s 18 (ii) of The Domestic Violence Act

However, a case of 498A for Stridhan rights will be held as misuse of such a provision so it is advisable not to file a 498A for the same.

Hope this helped
Shreyash Mohta
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