Do a wife get backs her dowry and jewellery gifts back in a divorce?

847 votes

Hello Good morning I'm advocate Vivek Mishra well according to your case you can go for divorce in court for further more query kindly contact me so that I can elaborate you in proper manner thank you so much

Advocate Vivek Mishra LawRato

827 votes

Yes you can get that Stridhan I just give some refrences whatever helps you
Refrences:

A woman’s right to her Streedhan is protected under law. S. 14 of the Hindu Succession Act, 1956 R/w S. 27 of the Hindu Marriage Act, 1955 make a female Hindu an absolute owner of such property. In the case of Pratibha Rani vs. Suraj Kumar[10], the Hon’ble Supreme Court of India explained the concept of ‘Streedhan’ and its legal position under the Indian Laws. The Hon’ble Supreme Court of India held that:

“a Hindu married woman is the absolute owner of her Streedhan property and can deal with it in any manner she likes and, even if it is placed in the custody of her husband or her in-laws they would be deemed to be trustees and bound to return the same if and when demanded by her”.

It is, therefore, manifest that the position of Streedhan of a Hindu married woman’s property during covertures is absolutely clear and unambiguous; she is the absolute owner of such property and can deal with it in any manner she likes-she may spend the whole of it or give it away at her own pleasure by gift or will without any reference to her husband.
Ordinarily, the husband has no right or interest in it with the sole exception that in times of extreme distress, as in famine, illness or the like, the husband can utilize it but he is morally bound to restore it or its value when he is able to do so. This right is purely personal to the husband and the property so received by him in marriage cannot be proceeded against even in execution of a decree for debt, such being the nature and character of Streedhan of a woman[11]. If her husband or any other member of his family who is in possession of such property, dishonestly misappropriates or refuse to return the same, they may be liable to punishment for the offence of criminal breach of trust under S. 405 & 406 IPC.

S. 12 of the Domestic Violence Act, 2005 provides for women right to her Streedhan in cases where she is a victim of domestic violence. The provisions of this law can be easily invoked for the recovery of Streedhan. Under the residence orders: Prov. (8) the magistrate may direct the respondent to return to the possession of the aggrieved person her Streedhan or any other property or valuable security to which she is entitled.
Again u/s 18(ii) of the Domestic Violence Act the law says that a woman is entitled to receive the possession of the Streedhan, jewelry, clothes, and other necessary items. The term ‘economic abuse’ has also been provided under the Act. It includes deprivation of all or any economic or financial resources to which the woman is entitled under al the existing customary laws whether payable at the concern of the court or in any other manner. These resources are however not limited to the household necessities of the aggrieved person.
For more clarification you may contact us then I'll elaborate properly about your case Advocate Anurag Bhatt Allahabad High Court.

Advocate Anurag Bhatt LawRato

887 votes

As you told you have been married for 2 years and you are separated from your husband and in-laws for 5 months. If you divorce your husband then the court will get the lump sum amount that you need for living and it is determined on the income of the husband and sometimes the court will provide maintenance up to 50% of the husband's annual income.

Advocate Rajeev Kumar LawRato

890 votes

if you file Divorce its not good decision in initial stage because in divorce case there are no chance to get back your expenses.
but you have to file
1Dowry case
2 Domestic Violence case
3 maintenance case
all these cases harresh your husband and family and you can also get the amount.

Advocate Ankit Saran LawRato

878 votes

Hii.. you can file divorce case and also maintenance case. Your rights are under section 125 crpc you can get your alimony and also stridhan, which is given to you on your wedding. You can ask for house, maintenance and all jewellery your family has gifted to you.

Advocate Neelu Yadav LawRato