it is advisable that you return all her istridhan in presence of police officials of the women cell where the case has been filed so that they are witness to it.with proper receving from the girl
Procedure to return Streedhan
Hi, My wife recently filed a 498A case against me and my parents at our hometown in West Bengal. The case is frivolous and only filed due to marital discord. However, since after marriage my wife and I have been living in Bangalore as we work there. She has now returned to Blr and is living on her own and working. I plan to go next week and return her items which are in our matrimonial home. She has asked for them informally at the P.S. Can someone guide me about the process I should follow to return her items as I don't want to keep any of it. She has not provided a list or made any formal complaints/petition. I do not want to get under further litigation of IPC 406. What steps should I follow?
Asked 10 years ago in Criminal Law
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7 Answers
Thanks Rajeev, appreciate it. The problem however is that she filed the 498A case in west bengal (where my parents stay) and since we live in Bangalore, I have to return her things there. Should I enlist the help of the local cops in Bangalore and in their presence return her items? Should I ask them for a list in advance? Or a mere listing of all things she has taken, acknowledged by her and per parents during the transaction is enough? Lastly, what about the gold ring I was given during the wedding from their side?
Asked 10 years ago
has the FIr been registered or not. Normally before registering of FIR there are conciliation and mediation proceedings in thye respective women cell and there upon submitting of list of dowry articles ,you will be require to to accept and deny the items of list and the items which are admitted you will be require to make the delivery according to it.it is advised that you should the return of dowry articles once the proceedings are initiatied in women cell,beacuse once an FIR is registered it will not come to an end unless the both the parties appear for quashing of FIR in High Court
Yes, sir -- the 498 A FIR has been already lodged and I spent 14 days in JC before getting bail. There were no conciliation or mediation sessions and in the FIR they have not given any list of the dowry articles. However, in the FIR they have mentioned that they gave 500 gms of gold and few lakhs cash... which are absolutely baseless allegations. My wife has anyway sneaked out 90 percent of her gold ornaments back to her parents from before hand -- much before this case. I only came to know of it a few days back. That is probably why they have not specified or given any list of items to be returned. It's also impossible for us to return any gold as much as they specified because we don't have it in our possession. There was also absolutely no dowry given or taken. Therefore, in the absence of them having given us any such list or even filed an official petition asking us to return my wife's goods (clothes, loose ornaments, certificates etc), how do I go about voluntarily returning everything? I want to return what ever she has in our matrimonial home in Bangalore and then vacate that rented property.
Asked 10 years ago
when you have alreday spent 14 days in JC then why are you so worried by istridhan ,let them make efforts and collect their istridhan,pls keep in mind there must be receiving from her that you have return her istridhan ,it is only possible when she is in front of you
Hello,
In case the police had already recovered certain items from your possession then it is enough to prima facie constitute 406 against you. However in absence of such recovery it will be difficult to prove 406. So, since your police custody is over, the police can't recover any more items from you. Hence, it does not make any sense for you to try to return the items now. It will not make any difference in the trial, unless you are mutually settling the case.
Regards,
Do not return any thing unless she claim it through proper forum.
An agreement between you and your wife should precede the return of her valuables. If you go ahead and return it without an agreement then further litigation may ensue which will defeat the very purpose of returning her istridhan. The agreement should spell out the procedure to return the istridhan.
Do not show any tearing hurry in retuning the valuables. Let her first come forward to reduce into writing the procedure to be followed in returning her valuables.