This is regarding the dowry that we have paid for my sister during her marriage. She and her kid is now staying in our parents house for last 6 months. She had to move away from husband and inlaws due to bad treatment by them while she was there. They are no longer interested in solving the issue. We even tried to take the issue to counselling person, a priest, etc. But they are not willing for this. They just make a lot of false claims but not willing for counselling or some mediator to intervene as they have no genuine claims against my sister. Now that since we have lost the hope, we are trying to get back the dowry paid during marriage. They are now claiming that all the dowry that was given during marriage, has already been taken back by you when you left our home. All the jewellery was kept in a bank locker but they have already taken it from the locker. Can you let us know how do we claim this dowry from them. We neither have the receipt from the jewellery shop nor bank statement for the money transferred as it was paid in cash. The marriage happened almost 15 years back and the equivalent amount of those jewellery should be close to 30 lakhs now. Please help us.
Thanks in advance.
Asked 11 months ago in Family Law from BANGALORE, Karnataka
1) file complaint under section 498A against husband and in laws for continuous acts of cruelty , refusal to return the streedhan
2) sister should also file DV case against husband and seek maintenance , return of streedhan , alternative accommodation , compensation for mental torture undergone by her
If a list of articles given to your sister's husband and his family was prepared at the time of marriage then your sister can file a criminal complaint for dowry harassment and recovery of stridhan to recover those. Without receipt or bank statement it will be hoping against hope to get back stridhan.
Time can sooth the problems. When we try to file a case in a family dispute we will thing a lot because when we start a litigation it may consider wrong way in other party and lead to end the relation.
In your case your sister can choose The Protection of Women from Domestic Violence Act, 2005 for her help. She can also choose 498A . IPC 498a was made to protect a woman from injury to life or limb, or mental harassment to the extent to drive her to suicide.
Major relief’s are available under Act
1. Protection Order (Section 18)
2. Residence Order(Section 19) , alternative accommodation
3. Monetary Relief(Section 20) (seek maintenance , return of streedhan
4. Custody Order(Section 21)
5. Compensation Order(Section 22)
6. Interim / Ex parte order(Section 23)
7. Breach of Protection Order (Section31) Violation of the Protection Order cognizable and non-bailable offence (Section 31-32).
Your sister can file a criminal complaint against her husband and her in laws under section 498a, 3 and 4 of DP act and also under section 406 IPC. The police will summon them, inquire, mediate and make them agree to return the jewels and compensation in the form of money. If your sister's husband side do not agree then they will face the music of law.