Case Filing to Get dowry and The Wedding Money Back

587 votes

The wife can seek return of her stridhan, jewellery, cash and other marriage-related articles before consenting to mutual divorce. Under Section 6 of the Dowry Prohibition Act, 1961, dowry received by someone other than the woman is required to be transferred to her, and failure to do so attracts penal consequences.

Advocate Hemalatha Narayanan LawRato

610 votes

If the amount being referred to is dowry, the husband should not demand its return, as demanding or taking dowry is prohibited under the Dowry Prohibition Act, 1961. However, if the issue concerns the husband’s own money, identifiable articles, or property belonging to him, the remedy depends on the evidence and circumstances. If the wife is retaining the husband’s property or articles, a legal notice can be issued seeking their return. In a mutual-consent divorce, the parties can also record a comprehensive settlement covering return of articles, jewellery, money, maintenance and other claims before filing/at the time of filing the mutual-consent petition. The settlement terms should be properly incorporated in the divorce proceedings. If by “dowry” you mean stridhan/jewellery or property belonging to the wife, that generally cannot be claimed by the husband; the wife has legal remedies for recovery of her stridhan. Therefore, first identify exactly what amount/articles were given, by whom, to whom, and whether there is documentary proof. Based on those facts, the appropriate civil/family-law remedy can be determined.

Advocate Elango D LawRato

937 votes

dear client....whether you are going to give mutual divorce if you agreed you can demand your dowry as well as permanent alimony from your husband if he is not willing to pay the alimony you will not sign in mutual divorce petition and you will file a petition to return the dowry(have a evidence ) amount and other articles in a appropriate court... Need furthermore clarification or doubt please call me thank you...

Advocate Iyappan. E LawRato

790 votes

Before filing or agreeing to a mutual divorce petition, the wife should make a clear list of all her jewellery, cash, valuables, household items and other belongings that are with the husband or his family. She should also keep proof, such as purchase bills, bank statements, photographs, wedding photographs, messages and details of people who can confirm ownership. Through an advocate, she can send a legal notice asking the husband and his family to return her jewellery, stridhan and other belongings within a specific time. If they refuse to return the property, appropriate legal action can be taken based on the facts of the case. Under Section 316 of the Bharatiya Nyaya Sanhita, 2023, dishonest misappropriation or conversion of property entrusted to a person may amount to criminal breach of trust, depending on the evidence. Important: Before signing the mutual divorce settlement, the wife should make sure that the return of her jewellery and belongings is clearly mentioned in the settlement terms.

Advocate Anusha LawRato

695 votes

You can claim your dowry articles, jewellery (streedhan), and wedding gifts even before or independently of the divorce proceedings. Streedhan remains the wife's absolute property, and the husband/in-laws have no legal right over it. Steps you can take: 1. Send a legal notice to your husband and in-laws demanding return of your streedhan, dowry items, and wedding money, with an itemized list and, if possible, supporting proof (photos, receipts, wedding videos, witness statements). 2. If they refuse, you can file a complaint under Section 316 BNS (criminal breach of trust) read with Section 85/86 BNS (cruelty by husband or relatives for dowry demand), by approaching the police or filing directly before a Magistrate under the procedure prescribed in BNSS. 3. You may also file an application under the Protection of Women from Domestic Violence Act, 2005, seeking return of streedhan and other reliefs, even without seeking a divorce. 4. Alternatively, you can file a civil suit for recovery of movable property/its value. It's advisable to settle the streedhan/dowry issue before or alongside the mutual consent divorce petition, since once the divorce is finalized, enforcing these claims can become procedurally harder if not addressed in the settlement terms. I'd recommend a consultation to review your documentation and decide the best route for your specific facts.

Advocate Mohanraj LawRato