• False claim by daughter in law of her streedhan

My daughter in law served us a legal notice for recovery of ornaments claimed to have been gifted to her by her parent,parent in law and relatives during marriage.In fact the list  of ornaments claimed by her is not correct and includes items never been gifted and those which belong to my wife..My son and his wife havei done so with an ill motive of grabing our movable and immovable property. Before serving notice my son sent message through my daughter and two others to transfer the right of shop belonging to my wife else he will Involve us in false cases.The matter is already reported to local Police station.kindly help to get rid of this.
Asked 7 years ago in Criminal Law
Religion: Hindu

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9 Answers

Hello,

Sir itis the duty of your daughter in law to adduce evidence in support of the streedhan claimed, failing which she has no case to fight for. Also in absence of such bills if the case is filed you can approach the higher court for quashent. For detail study on the topic you can go through the judgement available at https://iitbiimb498a.wordpress.com/streedhan-proceedings-legal-evidence-required/.

It is advised that as of now you give a reply to the legal notice by denying the claims made by her.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

1. These type of wretched children must be taught lessons of law.

2. File a case of Domestic violence by your wife against your DIL and daughters and son.

3. Sekk maintenance from your son in the same processing also.

4.File a case beofre Senior CITIZENS tRIBUNAL AS WELL.

5. Do not worry about false cases as after the passing of the recent supreme court decisison arrests has stopped totally in dowry harassment cases.

So ignore their threats.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

My daughter in law has photographs taken at marriage occasion wearing the ornaments,this may be used as evidence of having been gifted the ornaments during marriage.

No, only wearing of ornaments (however at more than one occasions) cannot prove that it was her stridhan gifted by in-laws. Intention is the most important fact in determination of gift. If there is no such intention it cannot be called as gift. you should reply this notice with full particular. You should show in the notice that there was no intention to transfer ownership of that ornaments through a gift.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1)_ contact a local lawyer and reply to legal notice

2) deny the allegations made in said notice

3) it should be mentioned that list includes ornaments belonging to your wife that were never gifted to DIL

4) also take the plea that false case is sought to be made out as your wife refused to transfer shop in favour of son and DIL

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

go to local jeweler shop

2) get the ornaments belonging to your wife weighed

3) in your reply to legal notice mention that some of items listed belong to your wife

4) give detailed particulars of said ornaments

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

As I stated earlier,these allegations may not be taken seriously as no case with grave charges can be filed on the basis of this claim.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

If she claims return of stridhan you can challenge the same by asking her to prove the same by producing evidence .

Since your son is involved in it, you may even turn the plate against him stating that he may be in possession of them.

Take the assistance of a local skilled lawyer during trial.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

Let she play any drama, you can adopt the strategy of reversing the blame on your son.

Let him answer.

This is a matter of trial, you can adopt more such strategies to defend yourself.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

Photographs can not be used as conclusive evidence.

All the queries that have been asked by you relates to the matter of trial and all these will be the matter of trial.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

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