• Question regarding return of items given at the time of marriage during 498A investigation by IO

Me and my wife were staying in the USA. I applied for her student VISA and after receiving her student VISA, She filled false 498A against me and left for the USA to study.

In USA she filled Dissolution of marriage and protection order against me. I left the USA and moved back to the India and filled Divorce in India on the grounds of cruelty.

Marriage duration – 3.5 years

My question are as following:

IO asked me join the investigation and now he’s asking us to sit with wife’s family and agree on the item list and return them. Since my wife is not in India, are we supposed to return the items?

What’s the process for returning of items? What items are actually considered i.e. physical items or what?

What are our rights in this case?

Seeking the wrong done by my wife, what other kind of actions. I can take against her?
Asked 4 years ago in Family Law
Religion: Hindu

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21 Answers

You should give all the items received by you from the girls family during your marriage as well as the shreedhan of the girl in front of the police and also you have to take proper acknowledgement from the other side.

Your rights in this case are that you would get a chance to defend your case as well as cross examine the witnesses produced by the police against you. Also, your statement be recorded under section 313 CrPC after the prosecution evidence is over.

If you have evidence that your wife'scase is entirely concocted and frivolous, you have an option of filing criminal as well as civil defamation case on her and her family.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

You should join the investigation and agree on the item list but don't return it unless your wife is present (you can compel her to be here). You can return the items before the court or the IO himself. It would be advisable to get a document/receipt signed by the opposite party while returning the items.

Items here means Stridhan.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Give the items only to the wife until and unless POA has been given to the parents, since the wife is the complainant.

Items that the wife bought with her at the time of marriage both in form of goods and cash and her personal belongings.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can inform IO that you will return same in presence of wife, you can make an agreement/memorandum for returning the goods and take signature of her for receipt.

Gold,dowry items TV fridge households goods given in marriage have to be written.

You can contest the case in case FIR is lodged file quashing petition before the high court. You can file a defamation suit once the 498 A case is quashed, for claiming compensation.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

hello

let your wife return and then you may return the items after going through the list and the wife should sign it.

heer the items mean the items which were the part of the bride's vidai items which her parents gave her as part of the stridhan. the courts have stated that they form part of the wife's property and she may take it. file a divorce petition against the wife and return the items. if she is ready for a mutual divorce, then it is better. you should divorce her and pay her alimony if she wants it by agreeing to a mutually settled amount. ask her to withdraw the FIR.

regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

You must return her stridhan

2) prepare list of items return it to her parents in presence of witnesses

3) your wife should have executed POA in favour of her parents to receive the stridhan

4) contest the false dowry harassment case filed by wife

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Well whatever Stridhan was that is required to be returned. They may not proceed under Prohibition of Dowry Act as the other side will also be in trouble for having given the dowry. The cash amount, which they allege that it was given to you, can be disputed and can be given back under protest. However things depend upon the availability of proof. Your lawyer can take care of all these aspects.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1. If you return the stridhana articles then your in laws can also eligible to accpet those and the same can be done on getting their signature on the list of articles exchanged.

2. If there is no stridhana articles lying in your house then you are not obliged to return any items.

3. the IO can also visit your place and seize the articles, if any, officially .

4. Take the bail first if FIR is registered and then contest the case on merit.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

The bride has got an absolute, exclusive dominion over all her Streedhan, received during the marriage. In your case you have obliged to return her stridhanam. You are bound to return back all the items including property, ornaments, money and other belongings offered by the bride’s side at the time of marriage, if claimed. Gifts and bequests from a woman’s relations during maidenhood, subsistence of marriage or widowhood is all to be construed as her Streedhan. Gifts and bequests from strangers during maidenhood, subsistence of marriage or widowhood is also Streedhan Property inherited by a woman becomes her Streedhan or property acquired by a woman by mechanical arts or by her own exertions during maidenhood, subsistence of marriage and during widowhood is Streedhan. Property obtained by a woman by compromise or family arrangement where there is no presumption of her taking only a life interest, becomes her Streedhan .

You can also contest her false claims before the court. No need to return the same with out court order even other wise settle the matter amicably or mutually by mediation or conciliation.When you return the items make a list of the items and handed over to her with the presence of witness.

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

As per hindu law any movable and immovable item gifted to wife by husband or her family or her in laws or any other relatives as marriage gift or gift after marriage then that property becomes her stridhan and she has absolute right over that property. So you will need to return all those things which was gifted to her during or after marriage.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Dear Sir,

My answers are as follows:

IO asked me join the investigation and now he’s asking us to sit with wife’s family and agree on the item list and return them. Since my wife is not in India, are we supposed to return the items?

Ans: You are advised to first try for staying such FIR on the ground your wife is in Abroad and effective investigation cannot be taken place in her absence. You may submit such items under protest and having received an acknowledgment from parents-in-law.

What’s the process for returning of items? What items are actually considered i.e. physical items or what?

Ans: The physical items that is ornaments and any other gifts to be returned under protest reserving liberty to prove your innocence having not taken such items towards dowry. If any immovable property is the registered in your name then it may be released in their favour under protest reserving liberty to prove your innocence having not taken such property towards dowry.

What are our rights in this case?

Ans: Usually High Court do not allow further investigation in the absences of complainant who is the star witness for the prosecution.

Seeking the wrong done by my wife, what other kind of actions. I can take against her?

Ans: You can take action against your wife and your in-laws only after a finding is given in your favour that you are innocent.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

If they have given a fake list, you should ask them to produce valid receipts of all the items which they are alleging to have given. If we fail to produce receipts then you are not liable to give it back to them. Cash, if given to girl would be included as streedhan.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

They have to give bills and details of everything.

You are not bound to return anything for which they are unable to produce proves.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can present a statement and can admit or deny the items further you don't have to give them the marriage expenses if you don't admit items then court will further examine the matter in trial. If dowry cash was given yes same can be better be returned.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Any expense took place in marriage is not streedhan...so marriage expense is not needed to be returned.

You can defend yourself by denying such amount....let the opposite party get evidences of cash gifted to her.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

The cash spent in the marriage can be shared between the parties as you must have also spent money in the ceremonies. Yes the cash which they have given to you also forms part of the streedhan.

Regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

Deny any cash was given

2) there is no acknowledgement of receipt of cash

3) you don’t have to return articles wrongly mentioned in list

4) return admitted items only

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

You need not return anything instead approach the High court and get a stay order on such forcible tactics used by IO and the family members of your wife. You may hand over the ornaments of your wife if the are able to produce receipts having purchased the same that to under protest.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Returning the articles belonging to her can be done to her parents under acknowledgment and witness.

Whatever items that belongs to her can be returned including her jewels, certificates, utilities etc.

You have no rights over her items, they are called stridhan and she will be the absolute owner of the stridhan.

First you get out of her false cases against her after which you can plan to take any action against her.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

They have give a fake streedhan list in CAW cell earlier for an amount 6X time they spent in marriage including CASH and other false item. How to counter that ? Does cash also needs to be given back as part of Streedhan.

You can give all those items held in your possession and can deny the existence of other items, You need not pay any case spent by them on marriage, let them fight over it through court of law.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Deny all the allegations in their counter with regard to ornaments and cash etc. . It is their duty to prove their allegations before the court.

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

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