I already took divorce from my husband...but my Streedhan is still in his custody...Now I want my Streedhan which I leave at his home.... atleast the jewellery which given by my parents....I have all evidence that all my jewelleries are in his custody....plz suggest me that how can I recover my Streedhan even after our mutual consent divorce....
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Well this plea should have been takeb by you during the divorce proceedings. Didn't your lawyer state that?
What does the divorce decree say?? I mean has the court stated anything about the streedhan?
If there has been no discussion about the streedhan then an appeal can be filed in the high court against the judgment of the family court for recovery of streedhan.
1. While availing Mutual Consent Divorce, you and your ex-husband would have entered into a Memorandum of Understanding regarding division of assets, alimony/maintenance, custody of children, returning of streedhan, etc.
2. At once approach your ex-husband and demand for return of your streedhan. You can take the help of your parents/siblings and/or the Advocate, whose services you had availed for MCD.
3. Still if the problem persists, send a legal notice to your ex-husband to resolve the issue of returning your streedhan.
What is clause in consent terms in mutual consent divorce petition
generally there is a clause that there is no exchange pending between the parties
if that is so even if you file police complaint under section 406 of IPC for criminal breach of trust for refusing to return your stridhan you may not succeed
1. Did you not file a complaint and get the FIR registered under Section 406 IPC for recovery of streedhan?
2. If the divorce was mutual then you should have insisted on being delivered your entire streedhan before the second motion of mutual consent divorce? Now nothing can be done.
All gifts given to you by father, friends, in laws and husband is your streedhan, husband has no right the keep it, it is your absolute property. You can recover your all streedhan including jewels even after mcd. You need to file a criminal complaint in the Court of Magistrate under Section 406 Indian Penal Code, 1860. Before filing issue lawyer's notice seeking return of streedhan. Give list of all your streedhan including jewels, clothes, electronic gadgets, furniture, vehicles and everything. You will get everything. Otherwise Court will send him to jail.
You’ll re-approach the family cour and prefer a case for recovery of your streedhan.
- You have to check your divorce papers if it states that all belongings including jewelry has been exchanged.
It is a general clause.
Even Judge also asks on last date to confirm if anything is pending.
- However you can still ask for return of jewelry until and unless they sold it.
But consult with lawyer first.
You can send legal notice for it.
or you can file police complaint u/s 406.
- As per section 27 of the Hindu Marriage Act, All the ornaments are stridhan of wife, and she is an absolute owner of Stridhan and gift received at the time of marriage. If her husband or any other member of husbands family who are in possession of such property, dishonestly misappropriate or refuse to return the same, then they may be liable to punishment for the offence of criminal breach of trust under sections 405 and 406 IPC.
- Hence , for getting the same , you can lodge an FIR against husband and his family under section 405/406 of IPC
- If no response from police , then file a compliant before the magistrate in court.
Dear Ma'am,
1. The Streedhan is yours and a husband or his family has no right over the same.
2. While filing Mutual Consent Divorce, you would have entered into a Memorandum of Understanding and signed the same. this would include provisions regarding assets, maintenance, custody of children including returning of streedhan.
3. demand the streedhan from your husband and if not returned, you can file a case under Section 406 of the Indian Penal code.
4. you can also issue a legal notice to the husband listing the items of streedhan and demanding their return.
Thank You
Dear Madam
You may file complaint under section 406 of IPC and get such streedhan is received by you.
Hi
Please send them a legal notice
You may have to give a complaint with the local police under section 406 IPC for retrieving and recovering all your stridhan articles.
You should have filed a DV case in this regard before your marriage was dissolved, now you cannot file a DV case hence the next option is to file a complaint with the police as suggested
Hii contact your lawyers and make an application to the same court but before try to ask him directly via message or notice to him
