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how to attain stridhan after filing divorce
01-May-2023 (In Divorce Law)
Dear Sir, My sister is married in 2009. She has filed dowry case against her in laws. And in later in 2011 she also field 406 for demanding her stridhan from her in laws. She has enclosed a complete list of article (which she received before the marriage, at the time of marriage and after the marriage) with her complaint in court with all proof of bills. But we did not prepare any list at the time of her marriage. Is it necessary to prepare the list of item at the time of marriage, how can we made this list if some of the item are given to her before marriage and after marriage on different occasion. Is there any decision of any Hble’ high court or Hble’ Supreme Court in this regard.
In your case, if you have the receipts of the articles, then it would be a proof that those articles were handed over to the in-laws. Also, that as per Dowry Prohibition Act, 1961 the list is mandatory. But, also in its absence the valid bills/receipts are required to claim the articles.
Estimate of the articles will not be taken as proof for claiming articles under section 406 IPC.
And you should consult your case with a lawyer. If he is the opinion that it is possible to make the list at this stage of the case having regard to the peculiar facts and circumstances of the case then accordingly you may make the list. Let your lawyer find out the relevant court decisions in this regard which will help you in relation to your case.
Estimate of the articles will not be taken as proof for claiming articles under section 406 IPC.
And you should consult your case with a lawyer. If he is the opinion that it is possible to make the list at this stage of the case having regard to the peculiar facts and circumstances of the case then accordingly you may make the list. Let your lawyer find out the relevant court decisions in this regard which will help you in relation to your case.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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