• Procedure to return Streedhan

Hi,

My wife recently filed a 498A case against me and my parents at our hometown in West Bengal. The case is frivolous and only filed due to marital discord. However, since after marriage my wife and I have been living in Bangalore as we work there. She has now returned to Blr and is living on her own and working. I plan to go next week and return her items which are in our matrimonial home. She has asked for them informally at the P.S.

Can someone guide me about the process I should follow to return her items as I don't want to keep any of it. She has not provided a list or made any formal complaints/petition. I do not want to get under further litigation of IPC 406. What steps should I follow?
Asked 2 years ago in Criminal Law from Bangalore, Karnataka
it is advisable that you return all her istridhan in presence of police officials of the women cell where the case has been filed so that they are witness to it.with proper receving from the girl
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
has the FIr been registered or not. Normally before registering of FIR there are conciliation and mediation proceedings in thye respective women cell and there upon submitting of list of dowry articles ,you will be require to to accept and deny the items of list and the items which are admitted you will be require to make the delivery according to it.it is advised that you should the return of dowry articles once the proceedings are initiatied in women cell,beacuse once an FIR is registered it will not come to an end unless the both the parties appear for quashing of FIR in High Court
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
when you have alreday spent 14 days in JC then why are you so worried by istridhan ,let them make efforts and collect their istridhan,pls keep in mind there must be receiving from her that you have return her istridhan ,it is only possible when she is in front of you
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Hello,

In case the police had already recovered certain items from your possession then it is enough to prima facie constitute 406 against you. However in absence of such recovery it will be difficult to prove 406. So, since your police custody is over, the police can't recover any more items from you. Hence, it does not make any sense for you to try to return the items now. It will not make any difference in the trial, unless you are mutually settling the case.
Regards,
Nishant Bora
Advocate, Jodhpur
111 Answers
31 Consultations
5.0 on 5.0
Do not return any thing unless she claim it through proper forum.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
An agreement between you and your wife should precede the return of her valuables. If you go ahead and return it without an agreement then further litigation may ensue which will defeat the very purpose of returning her istridhan. The agreement should spell out the procedure to return the istridhan.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Do not show any tearing hurry in retuning the valuables. Let her first come forward to reduce into writing the procedure to be followed in returning her valuables.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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