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How to claim Istridhan in divorce case if husband not coming in court
14-Oct-2023 (In Divorce Law)
I have filed a divorce case as I am staying separate from my husband since 3 years. Despite various summons sent by court he didn't appear in the court so the court has now done an exparte ruling against the respondent. In my divorce case I have also mentioned the return of istridhan that is my right but what happens in this case when the respondent is not responding at all ? My lawyer says that I have to file a separate case for that before the court grants divorce .... Can't I claim istridhan in the same divorce case ?
If the opposite party I.e your husband does not come to court the court will rule case in your favour and u will get ex parte divorce . If u want to claim your istidhan and dowry articles as well u can file a civil suit for the recovery of istridhan and Along with that u can also file 125 CRPC complaint so that u can claim maintence from your husband and if he didn't turn then as well u can make him arrested as well . So in case u want to procure your istridhan u have file other cases if your husband doesn't turn up and if in divorce case the court order to return the istridhan u can file execution of that order and make your husband return istridhan.
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Adv. Geetinder Singh
Amritsar | 100+ Answers
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YES HE IS RIGHT . EITHER YOU CAN RECOVER YOUR ISTRIDHAN OR DOWRY ARTICLES BY FILING A COMPLAINT TO THE CONCERNED POLICE STATION U/S 406 IPC IT SHALL BE WITH 498 A IPC OR FILE A CASE UNDER DOMESTIC VIOLENCE WITH AN APPLICATION TO GET RECOVER ALL THE ARTICLES. YOU CAN NOT RECOVER YOUR ARTICLES THROUGH DIVORCE PETITION
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Adv. Rahul Verma
Amritsar | 100+ Answers
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