• Custody of Streedhan

I am staying separate from my husband since 5 months and my husband is not willing to stay with me. I have tried for several mutual discussions but he is unwilling for any compromises. Can I send him a notice for returning my Streedhan (jewelleries, furnitures) without filing for divorce?
Asked 8 years ago in Family Law
Religion: Hindu

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15 Answers

Hello,

Yes you can definitely do that. A woman has inalienable rights over stridhan and she can claim.

If however he refuses to give the same then you will have to file a criminal case claiming streedhan.

Let me know if I can be of further help.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes it can be send.

You may just ask for your streedhan in the said notice. 5 month is no bar.

You just contact a lawyer and give him brief facts and the notice will be dispatched.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can pay to lawyer through kaanoon also to send a legal notice.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can send a legal notice calling upon your husband and in-laws to forthwith return your streeedhan. You'll have to clearly spell out all your streeedhan articles in this notice. Contact a lawyer to draft this notice for you and send it to your husband on your behalf.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If the notice fails to help, you can either lodge a FIR under section 406 to recover back your streeedhan or you may take recourse to domestic violence act.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can send husband notice to return your

Stridhan

Not necessary to file for divorce

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

Madam, if you still want to live with your husband then you can file a case for Restitution of Conjugal rights under section 9 of the Hindu Marriage Act before the Family Court.

A woman’s right to her streedhan is protected under law. Section 14(v) of the Hindu Succession Act, 1956 read with Section 27 of the Hindu Marriage Act, 1955 identify a female Hindu as the absolute owner of her streedhan.

There is no specific guideline for sending a notice and you can send a notice to your husband now demanding back you streedhan.

Johnu Kanta Bhuyan
Advocate, Guwahati
194 Answers
3 Consultations

Contact a lawyer for issue of legal notice

Mention details of your stridhan lying in your husband possession

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

Yes,you can securely send such notice seeking return of your stridhan articles.

However such notice is unlikely give any positive result.

If that is so then you will have to initiate legal proceeding u/s 406 IPC or u/s 12 of PWDV Act.

There is no special procedure to send notice and hence it can be sent by post or thriugh e-mail.

Devajyoti Barman
Advocate, Kolkata
23647 Answers
537 Consultations

firstly you approach your husband by sending a personal letter for returning your property, then through an advocate. if both the way fails then you have to file divorce case and claim your property.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

Madam

It is better to send letter from your end , writing in detail that you want to speak for the purpose to getting back of your 'Stridhan'. If no reply or adverse reply comes then you send a legal notice and if not fruitfull then you can file/lodge a FIR U/S.406 for getting back of you stridhan.

Thanks

Shiddhartha Banerjee
Advocate, Calcutta
42 Answers

Stridhan is the right of any married women sec 14 of hma gives right to claim the same and section 12 of dv act gives protection for stridhan. Here if your husband is not willing to live with you then you have no other option except filing petition u/s 125 crpc and section 12 of dv act differently.Later on the stage if any compromise arises between you and your husband then you can claim stridhan to settle.

Rajesh Kumar
Advocate, Ludhiana
119 Answers
1 Consultation

You can very well claim your stridhan properties whether you file a divorce case or otherwise.

Divorce has nothing to d wit your stridhan properties. They are your own and absolute properties.

You can either issue a legal notice or lodge a criminal complaint with the police.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Please confirm if the notice can be sent now (being 5 months separation only), just to get back my Stridhan but without any allegations as of now. Also kindly guide about the procedures of sending a notice.

You can engage an advocate in the local and send a legal notice demanding your stridhan which has been retained illegally by him, failing to return you would lodge criminal complaint under section 405 IPC before the concerned police.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Dear Client,

Stridhan is ur irrevocable right,even if u r residing with ur husband ,

Read Below -

A woman’s right to her Streedhan is protected under law. S. 14 of the Hindu Succession Act, 1956 R/w S. 27 of the Hindu Marriage Act, 1955 make a female Hindu an absolute owner of such property. In the case of Pratibha Rani vs. Suraj Kumar[10], the Hon’ble Supreme Court of India explained the concept of ‘Streedhan’ and its legal position under the Indian Laws. The Hon’ble Supreme Court of India held that:

“a Hindu married woman is the absolute owner of her Streedhan property and can deal with it in any manner she likes and, even if it is placed in the custody of her husband or her in-laws they would be deemed to be trustees and bound to return the same if and when demanded by her

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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