• Divorce and division of wedding jewellery

Hi, my sister is being harassed by her husband and in laws. My relatives and family members held a meeting at our home On Sunday 23/8/2020 to discuss the reasons behind this situation and tried to evaluate the facts. They have tried to reason with my sister’s in-laws and unfortunately her in-laws have behaved very rudely including the husband who have insulted our entire family and also threaten to beat or kill my brother. My relatives, instead of questioning their mistreatments and unfair allegations and serious threats, have tried to compromise and made my sister agree to the terms and conditions put forward by her in-laws. My relatives made my sister apologise to her in-laws even though there wasn’t a single mistake from her side, thinking that it’s for her benefit and that her husband will change in future and that she shouldn’t loose hope and keep going on with the life and be patient. Finally at the end of a 2 hours shouting and arguing my relatives agreed to send my sister to her in-laws house this Friday 28 aug 2020, without my families and sister’s consent. Now my sister is terrified to death about going back and she wants to proceed legally as she and we all (mom, brother and elder sister - father passed away) believe that they have a strong motive to get rid of my sister as she gave birth to a female Child and also her husband has threatened her many times in front Us. She wants her educational certificates and jewellery back. Can we take them back even before we proceed legally. What should we do if they refuse to give both or either. My sister is ready to file either a divorce or go for other option under IPC 125. She is in fear that her in-laws wouldn’t even give her educational certificates and would torture her further more by withholding them. Please could you advice how to get these 2 things back. (We have bills of the wedding jewellery somewhere at home) Do we need to file a case in police station? Or do we need to send a lawyer notice? Please advise.
Asked 3 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

Your sister can return to her matrimonial house 

 

2) record all threats received 

 

3) ask her in laws and husband to return her jewellery and certificate 

 

4) if they refuse record fact that it is on their possession 

 

5) file case under section 406 of IPC for criminal breach of trust if they refuse to return certificate and jewellery 

 

6) also file DV case seek alternative accommodation, maintenance and compensation for mental torture undergone by you 

 

7) file for divorce on grounds of mental cruelty 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

If your sister apprehends fear of going to her in laws house, she can decide not to go back.

She cannot be forced by your relatives neither she is obliged to accept the accept the dictates of the relatives who have decided to send her back to her matrimonial home without asking her consent.

She can give a complaint with the police for dowry harassment, cruelties and also for return of her articles including gold ornaments and her certificates held in their possession.

Besides she can file a DV case against all of them seeking protection, residence, compensation for their acts of cruelty against her, return of her articles, monthly maintenance.

She can file a petitioin under section 125 Cr.p.c.  asking for monthly maintenance for her and the child

She can file a divorce case on the grounds of cruelty. In that same case she can file an application seeking monthly maintenance pendent lite.

You may consult an advocate in the local and file all the above cases against them.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Yes, your sister can apply for stridhan Gold jewelry of her's which she has received in the marriage.

 

Plus ask educational documents too.

 

Instead of divorce can go for CrPc 125 and DV, Attempt to Kill etc. against husband and his family.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. Let your sister backed by all of you, ask for her educational certificates and jewellery from her in-laws and if there's no positive response, send a legal notice for the same.

2.  If your sister has decided to opt for divorce, then let her convince her husband to agree for Mutual Consent Divorce, which saves time and money and all the issues can be resolved amicably between the husband and wife.

3.  If your sister is not in favour of obtaining Mutual Consent Divorce, then let her file a Domestic Violence case against her husband's family. Also your sister can file case against her husband for maintenance U/s. 125 CrPc.

 

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

Your written submissions are showing that your sister is subjected to cruelty from your husband and his family members.

- Hence , you should know that for your sister Divorce will be not a better result for her future , and  before taking Divorce decisions, she is having the following right and claims from her husband. 

1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance for her & child, she should file a petition under section 125 CrPc.

- Her husband is under legal obligation to provide the same to her at any cost, even he is working or not. 

2. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming her residential right, medical expenses etc, and also for teaching a lesson to the family members of her husband, who subjected her torture & harassment, she should file a petition under the provisions of Domestic Violence Act.

3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- Your sister should lodge a written complaint against her husband & his family members, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment. 

- The women cell firstly will try to reconcile between them, otherwise, they will lodge an FIR against all the person, who subjected your sister cruelty. 

- If you will send a legal notice to them for return of dowry items , then there is possibility to refuse the same , but if your sister will take legal action against them as i mentioned above , then they will themselves requested to take back all items , and for pardon .

 

You may connect me via kaanoon.com , if needed further advise. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

1. 125IPC is nothing, so let lawyers do their job and don't go deep into sections. That is 125CrPC, Maintenance petition. 

2. File 498A,420,406IPC complaint in police station. Police will help you recover the gold and all.

3. File a Domestic violence complaint 

4. Divorce case 

File these and when they come to compromise than get separated over your terms and conditions 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

She can file both domestic violence case and 406 IPC for getting her certificates from him. He can't keep it with him. She can also file various maintenance applications under section 125 crpc, DV Act, family Act. Etc. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

File a domestic violence case against him and his family members.

File a maintenance case against him too.

File an FIR against him under sections 498A [deleted] and 420 immediately.

File a divorce case. I think you should not try to get rid of her but help her if you think her in laws and him are no good. Don't send her.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to submit an humble application to police authorities regarding the day to day torture created to her and apprehension of false cases and also the criminal acts by her in laws and husband. Also, pray for keeping the application in record and grant you the adequate opportunity to put your version of case. This application can be sent by post, but preserve the application and postal receipt.   

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

In order to recover your sister stridhan, there are 3 methods.

First- lodge an FIR for domestic violence along with that make a complete and detailed list of all the items which constitute your stridhan such as clothes, jewelry, documents, etc.. and file this list along with the interim application in the court.

Secondly- File a case under section 406 I.P.C. in the court with the details of your stridhan along with all the evidence such as receipt, bills, etc..

Thirdly- You can file a suit for recovery. I hope you know what all constitutes a stridhan. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. When your sister is afraid of her safety in her in-law's house, then what are you looking for to seek relief

 

2. Copies of educational certificates can be obtained from the appropriate authorities in worst case. 

 

3. For getting back the jewelries, she shall have to lodge police complaint.

 

4.he should lodge police complaint u/s498A  of IPC alleging dowry harassment and also for not returning the Streedhan of your sister.

 

5. She can thereafter file an application for maintenance for herself and her child from her husband.

 

6. She can also file a DV case against her in laws and seek refund of the amount spent on her marriage. 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. Your sister should go to house of inlaws take possession of her articles and documents and leave the house silently is the the best option to go ahead if she doesn't want to take legal actions before taking possession of her belongings. 

2. If she doesn't get possession of her belongings then she can lodge FIR against them for cruelty, dowry harassment and criminal intimidation along with criminal breach of trust because they are not returing her belongings. 

3. Ask police to help for getting her stuff from their house. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

File FIR u/s 498a, 406 IPC and sec 3 and 4 of Dowry act, police will recover everything.


File FIR directly in nearby police station.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

File a case under section 498a, 406 alongwith other relevant provisions of the ipc and also for maintenance under section 125 of the crpc. Before that send them a legal notice and ask them to return all your belongings.

Hope this helps

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

First thing you need to do is to file an FIR for domestic violence under domestic violence act along with this you can also file an FIR under section 498A of IPC for harassment by her husband and her in laws, thereafter, you can seek police protection and get those certificates and jewelry.

You can file divorce on the grounds of cruelty physically as well as mentally. You can also file maintenance case seeking maintenance amount for her well being as well as for her child including all child's medical assistance in future her schooling and other expenses.

 

 

Sanjeev Gupta
Advocate, Delhi
117 Answers
1 Consultation

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer