Domestic violence - stree dhan - all jewellery
9 months ago
My stree dhan(all jewellery) is with in laws but they are saying that I took them with me to my parents home when I file DV against them. Will I get it ever?
A.Dear Client,
A Hindu married woman is the absolute owner of her Streedhan property and can deal with it in any manner she likes and, even if it is placed in the custody of her husband or her in-laws they would be deemed to be trustees and bound to return the same as and when demanded by her. A woman’s right to her Streedhan is protected under Sec. 14 of the Hindu Succession Act, 1956 read with Sec. 27 of the Hindu Marriage Act, 1955 makes a female Hindu an absolute owner of such property. Even, Stridhan property is not liable for Court attachment. Sec.12 and Sec18(ii) of the Domestic Violence Act, 2005 provide for women's right to her Streedhan in cases where she is a victim of domestic violence. The provisions of this law can be easily invoked for the recovery of Streedhan. Under the residence orders: Prov. (8), the magistrate may direct the respondent to return to the possession of the aggrieved person her Streedhan or any other property or valuable security to which she is entitled. So, when a proceeding under the Domestic Violence Act, 2005 is pending before a Court, you can make a petition before the Court invoking Sec.12 and 18(ii) of the Act for an order/direction for the recovery of Streedhan from the custody of inlaws. You may consult with your Advocate for further clarification and steps for recovery of Streedhan.
A Hindu married woman is the absolute owner of her Streedhan property and can deal with it in any manner she likes and, even if it is placed in the custody of her husband or her in-laws they would be deemed to be trustees and bound to return the same as and when demanded by her. A woman’s right to her Streedhan is protected under Sec. 14 of the Hindu Succession Act, 1956 read with Sec. 27 of the Hindu Marriage Act, 1955 makes a female Hindu an absolute owner of such property. Even, Stridhan property is not liable for Court attachment. Sec.12 and Sec18(ii) of the Domestic Violence Act, 2005 provide for women's right to her Streedhan in cases where she is a victim of domestic violence. The provisions of this law can be easily invoked for the recovery of Streedhan. Under the residence orders: Prov. (8), the magistrate may direct the respondent to return to the possession of the aggrieved person her Streedhan or any other property or valuable security to which she is entitled. So, when a proceeding under the Domestic Violence Act, 2005 is pending before a Court, you can make a petition before the Court invoking Sec.12 and 18(ii) of the Act for an order/direction for the recovery of Streedhan from the custody of inlaws. You may consult with your Advocate for further clarification and steps for recovery of Streedhan.
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A.Dear client,
You can file a omplaint in court through a lawyer under section 406,407 of IPC to recover streedhan property. You have to file a petition for recovery of gold and money from husband and inlaws.
You can file a omplaint in court through a lawyer under section 406,407 of IPC to recover streedhan property. You have to file a petition for recovery of gold and money from husband and inlaws.
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