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Q.Dv and dowry

Q. Dv and dowry

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Anonymous

posted 2 months 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
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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
Advocate

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 2 months ago

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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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Shreyash Mohta

Experience: 1 Year(s)

Responded 2 months ago

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