• Post recovery of sridhan case filed by wife

Hi,

This is mark from Bangalore. My marriage happend in April 2013 in Chennai and currently I have a Kid residing along with her mother in Chennai . Wife is held with a GOVT sect Job and lives along with her mother who is also a pensioner.
 She left the matrimonial Home after being pregnant when we both were in Chennai on June 2013 and didn't return till yet. Despite valiant efforts in bringing her back. everything failed. Her motive is to me going and live along with her or wherever her mother is nearby. Finally unable to reconcile i moved to Bangalore, hoping that she would rejoin for a matrimonial life in Bangalore. But that was failed. Unable to any reconcile, I filed divorce case in 2015 in Bangalore. She immediately applied for stay and moved petition for transfer to Chennai and final it moved in early 2016.

 In June 2016 proceeding started with counselling sessions being held. All the three counselling failed wherein she only produced allegations and no intentions of rejoining with me in Bangalore. She then she produced some counter of lengthy allegations against me filed in April 2017 at Chennai HC. Now the Court is proceeding for Arguments or investigation stage.

In mean while, I have also filed for child visitation rights in court.
During the tenure of 3-4 years of our Separation, wife side is in constant hunt for return of their Jewellery/Asset/ Sarees through lawyers/ Known person etc. and showed no intentions of rejoining. We also want to give back their jewellery but through proper channel like a court order. 

My question is that if they apply the IPC 406 "recovery of Sridhan" and we providing their assets through proper forum like police station/ and i receiving the visitation right of child through court. How lengthy the trail or arguments goes and what chances of divorce being granted to me since she has gone to court for her jewellery/ asset recovery.
Asked 7 years ago in Family Law
Religion: Christian

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7 Answers

You must return your wife stridhan before any complaint is filed by wife under section 406 IPC

2) contested divorce cases take 5 years to be disposed of

3) you have to prove allegations made in divorce petition

4) wife can file appeal against court order granting divorce and drag proceedings for another 5 years

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

1. Thr ough court you can not reyrn the articles.

2. If she files 406 acase then you may be arrested.

3.hence return these and get a written receipt form her. That should be enough .

4. The divorce sit has nothing to do with the non return of her articles.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Return her stridhan , arrive at settlement with wife convert existing petition for divorce into divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

1. As per law, you are expected to return her streedhan after taking acknowledgement of receipt from her and for this you do not need any court order. You can return her streedhan now also. However, do not forget to take acknowledgement of receipt for the same and also statement that she has nothing more of her stredhan left in your house. Her filing the complaint before the Court u/s406 of IPC may not cast good impression on you which should be avoided by keeping in record that you have offered her to take away her streedhan.

2. However, the child visitation case may hardly take 3 to 4 hearings for your getting favourable order.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. She has the right to claim back her Streedhan.

2. If you file divorce suit on acceptable ground submitting irrefutable evidence, the case might be over within even 3 years if properly pursued.

3. After returning her Streedhan, you should pursue the divorce case filed by you very attentively. You shall have to allow the minimum time required by our legal system to dispose off the case.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

My question is that if they apply the IPC 406 "recovery of Sridhan" and we providing their assets through proper forum like police station/ and i receiving the visitation right of child through court. How lengthy the trail or arguments goes and what chances of divorce being granted to me since she has gone to court for her jewellery/ asset recovery.

You are mixing up all the subjects together and getting confused.

The divorce case is different and the relief in that case is only divorce on the basis of the pleadings made in it

The relief for return of her stridhan properties is different to that of the divorce

The child custody case is totally different case to above two cases.

You should feel lucky and fortunate that she made the demand for return of her properties only through her lawyer and not through a police complaint.

Your position would have been more embarrassing if she had lodged a complaint under section 406 IPC seeking return of her articles held by you.

She might have been misguided by her lawyers to add even 498a and dowry harassment sections in her complaint to strengthen her complaint.

In that situation it would have been more problematic to you and you would have been forced to face the criminal cases too.

Since you have come to know her intention to not to live with you anymore, why do you want to drag on the other issues unnecessarily;y.

Legally you cannot withhold her properties, you have to return them to her one or the other day so why not you decide about returning it now by informing the court that you are ready and willing to return the same on a date and time as instructed by court or as per mutual convenience at the venue mutually agreed.

This would pave way for lot of other reliefs that are in the pipeline.

Discuss with your advocate and proceed

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

So there is no solution for me to get a divorce from her. She can play with all the available options from law like take all her things and drag the case as long as five years.

If i return all the items and get a receipt from her- What is the next action on the case filed, what effective strategy do i have to succeed and get divorce in favor of me

You cannot hold her properties and pressurise her to give in to your demand for divorce, it may be termed as blackmail and you would be required to explain before court on this

You can fight out the divorce case on the basis of her demand to return the properties stating that he clearly indicated her intention to not to live with you anymore.

You have to work out different strategies to to get the divorce case disposed expeditiously.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

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