Legal Question in Family Law in India
Stridhan: Gold given by my parents & husband during & throughout married life
My husband has given me ill treatment and attempted to murder me. I have already filed 498A, 323, 504 and 34 against him & he was arrested along with his parents. We have a 7 months son who is now living with me at my parents house. My parents gave me and my son gold jwellery at different occasions. My husband & his family too have made some ornaments for me and baby throughout the married life of 3 years. I am now filing a petition for divorce.My husband is claiming that i have taken all the gold with me at my parent's house, which is not the truth. All the gold is with him.Also he has given some kind of application in court that the gold is with me. He is calling us a thief now.What can i do to get my Stridhan? The case has not yet stood in the court and he is also telling the police that the gold is not with him but with me. He is refusing to return even the gold which my parents made for me and my baby. What is the best approach to get the gold. Also there are several other household things i have got from my parents which are at my husband's house.He is not letting me in so i cannot take my things from there.The police are also refusing to help us and are saying that the court will take care of this matter.
5 Answers from Attorneys
Re: Stridhan: Gold given by my parents & husband during & throughout married life
You can file a separate petition in the court for directing the police to take action for the recovery of the gold.
Re: Stridhan: Gold given by my parents & husband during & throughout married life
Engage any effecient lawyer he will get it back to you. Your counsel should be present at the time your in-laws file Bail before the court.
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Re: Stridhan: Gold given by my parents & husband during & throughout married life
u not only have full right on the gold given by your parents but also the gold given by your inlaws and it is the part of shreedhan so make a list of the gold articels and other articles given at the time of marriage and after the time of the marriage and tell the police to add 406 in the complaint and if they dont do it ask your lawyer to make an application to add the section so that all the gold is recovered pending the 498 a and other matters in the gold if u have the bill of the gold and the photograghs of the marriage wearing the gold and the gold gi ven by your inlaws attach with the application for more details log on to the www.angelfire.com/folk/indianlaws
regards
renu arvind sharma advocate
Re: Stridhan: Gold given by my parents & husband during & throughout married life
mostly, it is the duty of crime against women cell to get your stridhan recovered but in the present situation, you may file a complaint under domestic violence act and seek all the desired reliefs viz. compensation, stridhan, maintenance etc.
Re: Stridhan: Gold given by my parents & husband during & throughout married life
You may request the police to add 406 IPC in your complaint and investigate the matter properly. If the police is not cooperating with you, an application may be filed in the appropriate court for directing the police to recover your 'istridhan'.
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