Legal Question in Family Law in India
Hello, can i ask for my gold which is with in laws while DV case is going on, as it almost 2 years and case is prolonging and I need them very urgently for my career purpose.
I filed 498A and 420, still going on, no trail from 2 1/2 years. Can i give again separate complaint for 406 in police station as in laws stated that all gold and silver is with me. Is there any other process to get them? as it is very urgent. In court judge will give dates only and nothing is happening. Is there any way to go with police and search their house and lockers. I have all necessary proofs. They wont directly give them and saying that we will see in court. Please advice me what can i do in this situation? Can i get all those gifts (Gold and Silver) which is given to me by parents and in laws. Gold gifts given to husband will come under stridhan? If I say to police they will say that 498A is going on..and I have to wait till then..
3 Answers from Attorneys
when you filed 498a and 420, did you mention that all the gold items are lying with your in laws. did you also annexe the list of gold items. in case you have done that, the legal recourse is open for you to claim your valuables but if you have not mentioned that, then after a gap of 2 and a half years, only when your in laws saying that gold is with the girl, it may not be possible to prove that the gold is with in laws. one has to go through your FIR to opine further.
You ask for the gold and silver now if you have not claimed earlier and let in evidence to prove that it is with the in laws only.
1. The money spent by your parents on marriage may be claimed towards your "istridhan";
2. You may make a written complaint to the local police for recovery of your "istridhan" u/s 406 IPC.