• Maintenance claim petition

My sister has filed for maintenance against her husband with whom she has spent only a few months. There is no chance of the marriage being saved - the family and the groom are uncultured and bruts. We have also filed 498A to recover her streedhan articles. We just got a letter from the local PS requesting us to go with them to her in laws house to get the streedhan. Request to pls suggest if we should recover the streedhan before the maintenance claim is accepted.  Will this jeopardise her maintanence claim? Also, our intention is not to contest divorce but make sure that the groom and his family pays a penalty for torturing my sister. So when is the right time to convert this into a mutual petition? After they agree to the maintenance/one time payment? They also have political clout hence we are a little concerned as we are ordinary law abiding citizens. Thanks a ton
Asked 2 years ago in Family Law from Kolka, West Bengal
Religion: Hindu
Madam
you can recover your Streedhan at any time, without any prejudice caused to either your maintenance or divorce application. You should go with the Police and recover your Streedhan.

Converting your divorce petition into one by mutual consent will depend upon the Groom also agreeing to that. The Mutual Consent petition, however, must contain the terms of settlement detailing the amount and frequency of maintenance payment and/or alimony, and the clause regarding what actions you may atke in the event of default in such payment.
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations
3.8 on 5.0
1.yes,go ahead and  recover the streedhan with the help of police  asap and it will not jeopardize the maintenance claim.

2.instead of filing divorce petition make husband agree for MCD.

3.also execute MOU stating therein all terms and conditions of MCD.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Prepare a list of 'streedhan' and handover a copy of the same to IO who will help you to recover the same.  Your maintenance application has no bearing with your complaint under section 498-A IPC. Use this complaint to negotiate alimony/settlement /marriage expenses/ etc.If divorce petition has already been filed by the groom's family, it can be converted in to mutual consent. The cooling period provided under MCD can be taken over in pursuing complaint and recovery of streedhan
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
It is your sister  Streedhan and she has all the right over it and can recover the same with the help  of police without any prejudice caused to either your maintenance or divorce application.
If you do not wish to contest divorce hen we suggest you to file Divorce under Section 13B Divorce by Mutual Consent. However before that we suggest you r sister  to enter into a Settlement Agreement(MOU) with her husband  specifying not only the fact that he agrees for a mutual divorce but also with respect to the other terms and conditions of the divorce. This should specify the distribution of assets such as stridhan etc., maintenance / alimony payable by him post divorce. This amount would be a full and final payment and no party shall have any other rights as against the other party. And get this Agreement signed by 2 witnesses.  
Thereafter,  both husband and wife can jointly file a petition supported with affidavits for divorce in the district court. The filing of divorce petition by both the husband and the wife is legally known as the "The First Motion Petition for Mutual Consent Divorce". "The Second Motion Petition for Mutual Consent Divorce" mentioned in the sub-section (2) of Section 13 B is filed when the couple reappears to the court for the second time after a period of six months.
 
If the judge is satisfied after a hearing from both the husband and wife, the court announces a mutual divorce decree.

If divorce petition is already filed, then same can be converted to Mutual consent divorce.
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1. There is no correlation between the maintenance claim filed by your sister and recovery of streedhan. Recovering streedhan with the assistance of the police does not jeopardise the claim to maintenance filed by your sister as every husband is under a duty, as envisaged by law, to maintain his wife. That the amount of streedhan recovered should be set off against the amount claimed in maintenance, is not a defence which the husband can take in the court. So your sister can go ahead and recover the streedhan. Submit an advance list thereof to IO.

2. If your sister has decided to end the marriage then she may file for mutual divorce once her husband is willing to pay the maintenance she demands. 

3. If they use their political clout for harassing you then move to High Court for necessary relief.
Ashish Davessar
Advocate, Jaipur
18257 Answers
450 Consultations
5.0 on 5.0
1) you should recover the streedhan lying in your sister in laws place with police help . 

2) since the police are helping you in recovery of your streedhan accept the offer immediately . 

3)your maintenance application has no co relation with 498A case . it wont prejudice your  case if you accept the offer for recovery of streedhan . 

4) if divorce petition has been filed by husband it can be converted into divorce by mutual consent . contested divorce proceedings take over 5 years to be disposed of . mutual consent divorce takes only around 6 months .

5) you should not worry about political clout of the in laws of your sister . get consent terms in Mutual consent divorce prepared by your lawyer to protect your sister interests
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
1. There is no connection between recovering her streedhan and the cases filed by her against her husband,

2. on the contrary, the police may collect all the items from her husband which he will declare as Streedhan and keep in the Malkhana of the police station to get wasted and for getting the same from Police there will be serious problem purposely tobe created by the Police to take money. So, there is no earthly reason not to collect her own items fro her husband's house,

3. The right time to convert the contested cdivorce petition to mutual consent divorce petuion is when her husband agrees for paying the required compensation and pays for the same.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
YOU Should prepare list of streedhan & collect the same as it got no bearing on maintenance case. in the meantime try to get maximum alimony then you convert divorce into MCD
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
It is better that you file an op for getting back her jewellery and streedhan items by filing a list for the same if you go there they might file a police complaint against you people.you can also file a maintainence  petition either in the family court or in the criminal court under section 125 CRPC.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Don't go without the order of the court and aid of the police
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hi, taking back streedhan nothing to do with your case and it is choice of the wife to go for one time settlement or monthly and it is advisable go for one time settlement.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Firstly, you should not be using 498A to recover her streedhan articles as this is not the law what it is meant for. 

Secondly, yes, you can get Streedhan if you have kept the record of the same without even filing a claim to court and it won't have any binding on divorce or maintenance you asked. 

Thirdly, maintenance depends upon the quantum of time your sister spent with her husband and the earning of the husband as well as the potential of earning of your sister.
Deepak Tiwari
Advocate, New Delhi
40 Answers
8 Consultations
4.7 on 5.0
Hello,
Do grab the offer of the police in getting the s sthreedhan back as it won't impact your petition for maintenance petition .
Converting the divorce petition to a mutually consented divorce will depend on  whether the husband is agreeable to it.
Of course you can get them to agree for a consented divorce offering to withdraw the cases you have filed against him.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
1) we have already advised you to collect your streedhan . 

2) you should not ignore letter of PS 

3) your maintenance application has no co relation with your streedhan 

4)you cant be forced to with draw your 498A 

5) in the maintenance application court will call upon  husband to file an affidavit regarding his income . your maintenance issue will be decided after said affidavit along with supporting documents if any are on record
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
1.go ahead and  recover the streedhan with the help of police  asap and it will not jeopardize the maintenance claim.

2.do not ignore letters from local PS and avail the chance to get streedhan .

3.do not submit any letter to PS.

4.no, it is not pressure tactics so that u withdraw 498A.

5.on first hearing court will check whether husband has appeared in court or not and will pass orders accordingly. no questions will be asked from you.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
you recover your streedhan  as it will not have any effect either on your maintenance case or on 498 A case. so recover it as early as possible
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
As the police is  helping you in recovery of your streedhan  immediately . your maintenance application has no co relation with 498A case . it wont prejudice your  case if you accept the offer for recovery of streedhan .Divorce petition ,if, filed by husband  can be converted into divorce by mutual consent which  takes only  6 months to one year for disposal. Need  not worry about political clout of in laws of your sister .Get consent terms  prepared by your lawyer to protect your sister interests in MCD petition.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Hello,
Do not ignore the letters from the police station.
Do collect the sthreedhan with the help of the police.
It will in no way affect your maintenance case.
You can not be pressurised into withdrawing your 498A case under any circumstances.Of course you can negotiate to withdraw the case and eventually agree for a mutual consent divorce and settle all things amicably .
You don't need to submit any letter to the police now.
On the next date the judge would ask your sister some verfications regarding the petition filed.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
1. You have already been informed that there is no connection between recovery of Streedhan and maintenance case,

2. You have also been advised to collect the streedhan since otherwise the police may recover your Streedhan from your husband and keep in police Malkhana from where you shall have to collect the same by paying money,

3. If you do not collect, your Streedhan may get damaged at Police Malkhana,

4. You can not be forced to withdraw your complaint u/s498A. Police is asking you to come with them to recover your Streedhan because they are to comply with  the section 406 i.e. recovery of Streedhan otherwise they will be questioned by the Court,

5. On the 1st day of hearing of the maintenance case, your husband will be asked to affirm under affidavit his earnings with evidence.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. All the experts have informed you that there is no correlation between your sister's maintenance claim and recovery of her streedhan. Exercising one right does not prejudice the remedy to enforce another right. 

2. Your sister should at the earliest recover her streedhan. This opportunity may not be available at a later stage. A lengthy legal battle may have to be fought by your sister to recover it later if she does not do so at this juncture. 

3. If she does not recover the streedhan now then police will retain it in its custody, which means that not only the process to get it released will be cumbersome, but also it is likely to get damaged in the police custody. 

4. Cops coming to your house in uniform cannot be seen as wielding political clout by your sister's husband with the view to force you to withdraw 498A. While performing official duties policemen are required to be in uniform. By no stretch of the imagination this can be equated with harassment by police in connivance with your sister's husband. Nobody can force her to withdraw any case.

5. Do not ignore the notices you receive from PS.

6. At the first hearing of the maintenance case the court will ask your sister's husband to place an attested affidavit on record mentioning his earnings.
Ashish Davessar
Advocate, Jaipur
18257 Answers
450 Consultations
5.0 on 5.0
Dear Querist
first of all you have to file an application before court in which the matter u/s 498A of IPC is pending for grant permission to recover stridhan and at the time of recovery your sister or other family members should go with the IO to identify the articles.
In maintenance petition, on first date you have to supply all the documents if not supplied with the summon and court will direct to him to file his Written statement/Reply on the petition and after that you may file the replication of the same or file a detailed affidavit for income and assets.
when the pleadings will be completed then the matter will be fixed for arguement on Interim Application, if not filed by your sister then the court frame issue and fixed for evidence.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0

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