My Daughter: False Disownment & Stridhan Recovery

562 votes

In the given circumstances, your daughter should take immediate legal steps to protect her rights.** If her husband or in-laws are subjecting her to physical or mental cruelty, she may seek appropriate relief under the Protection of Women from Domestic Violence Act, 2005, including protection orders, residence orders and monetary relief, depending on the facts of the case. A mere attempt to create false allegations against the husband by itself does not automatically give the in-laws the right to forcibly dispossess her from the shared household. Further, **Stridhan—including jewellery, wedding gifts, cash, and other articles given to the woman before, at, or after marriage—belongs to the woman herself.** If her husband or in-laws are withholding her Stridhan and refusing to return it, she may take appropriate legal action for its recovery. She should prepare a detailed list of all her jewellery, gifts and belongings and preserve supporting evidence such as bills, photographs/videos of the wedding, messages, and details of witnesses. She should also preserve all evidence of domestic violence, harassment and any false allegations being made against her or her husband. If the husband or in-laws are attempting to force her out of the matrimonial/shared household, she should seek appropriate legal protection without delay. She should not sign any document or settlement without first obtaining independent legal advice. The exact legal remedy will depend on the facts and evidence. Therefore, she should consult a Family Law Advocate promptly for appropriate proceedings regarding protection, residence rights and recovery of her Stridhan.

Advocate Aprajita Shukla LawRato

549 votes

Your daughter has legal remedies under Indian law. She can file an application under the Protection of Women from Domestic Violence Act, 2005 seeking a Residence Order, Protection Order, Return of Stridhan, monetary relief and compensation. Her husband and in-laws cannot illegally dispossess her from her shared household merely by issuing a public disowning notice or claiming they have disowned their son. Such a declaration does not extinguish her legal rights. Withholding her jewellery and other Stridhan is unlawful. She may seek recovery of all Stridhan through appropriate proceedings and, depending on the facts, also initiate criminal action for criminal breach of trust and cruelty. Preserve all evidence, including medical records, photographs, chats, bank records, witness details, and prepare a detailed list of the withheld articles. If there is an immediate threat of eviction or further violence, she should approach the Magistrate for urgent interim protection and residence orders without delay. Proper legal strategy will depend on the ownership of the house and the specific facts of the case.

Advocate Avinash Kumar Singh LawRato

939 votes

Your daughter can seek a Residence Order and protection under the Protection of Women from Domestic Violence Act, 2005 (PWDVA).She can ask the Magistrate to: Restrain her husband and in-laws from illegally evicting her. Allow her to continue residing in the shared household, where legally applicable. Grant protection from further domestic violence. Award monetary relief and compensation if appropriate.

Advocate Namrata Pandey LawRato

730 votes

she can file a suit for domestic violence maintenance and cruelty thr family court will grant shared residence and protection order cruelty will be filed under the Hindu marriage act no wedding fotod jewelry items were returnef

Advocate Spiti Sarkar LawRato

520 votes

dear client as per your query raised your daughter's in lot have snatched all the street and household items jewellery related to your daughter and now they are planning to evict your child from matrimonial house they are repeated doing domestic violence with you can file police complaint and some other cases to concern courts

Advocate Amit Pandey LawRato