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How to recover the jewellery from husband in case of divorce proceedings
04-Jul-2024 (In Family Law)
I filed an FIR against my husband, but he has since been granted bail. I would like to retrieve my jewelry, personal belongings, and the amount of money that is currently under his custody. I am a bit clueless about how to proceed further in this case. Could you please provide guidance on the next steps I should take? how to recover the jewellery from husband in case of divorce proceedings?
In divorce proceedings, a woman can recover her jewelry (stridhan) from her husband by including the demand in her divorce petition or by filing a separate complaint under the Domestic Violence Act, 2005. Stridhan includes all property, jewelry, or assets given to her before or during the marriage, which legally remains her exclusive property. If the husband or in-laws are found to have misappropriated or refused to return the items, the court can direct their return or compensation of equivalent value. To support the claim, she should provide evidence such as purchase bills, photographs, affidavits, or prior police complaints. Under Section 19 of the Act, the court may also ensure the woman's right to residence and upkeep, reinforcing her claim to a dignified life and her rightful belongings.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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You can file a complaint u/s 12 of Domestic Violence Act 2005 and in that complaint you can ask for return of stridhan and other valuable securities left by you at your matrimonial home u/s 19(8) of the Act.
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Adv. Sainand Chaugule
Adv. Sainand Chaugule
Mumbai | 25+ Answers
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You can move an application to return your jewels and things. You did not mention under which provision you filed complaint. If it is DV proceddings you can file an application in the DV procedding iteslf. You can approach the family court also for the same remedy.
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Adv. Vasavi Sridevi Sivanandam
Adv. Vasavi Sridevi Sivanandam
Chennai | 25+ Answers
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Hello Madam,Recovery of the sridhan articles from the custody of the groom is covered under the domestic violence act. Therefore you can lodge a criminal complaint under the domestic violence act to recover sridhan articles from the groom custody, before that you may lodge a complaint against thr groom before the police station to recover the article. The said offence is punishable underr section 406 of IPC and section 18 of domestic violence act. If you need any further clarification, please delete free the to contact me.
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Adv. Selvaperumal
Adv. Selvaperumal
Chennai | 100+ Answers
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Madam, What is the FIR that you filed against your husband? If it is for cruelty and dowry harassment, then you can ask the Police to try & get the jewels, things & amount. If he is not giving it, then you must file a petition under Domestic Violence Act. Also you can file a Petition in the Family Court to get the returns of the things etc. Now that you have filed a Police complaint then are you going to file a petition for Divorce? I have to discuss your case in detail to give you a clear & proper advice. Kindly contact me to discuss your case.
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Hi,
You can file a DV petition before jurisdictional magistrate to pet an order to get back your stridhana. It is well within the powers of magistrate to order the return of your stridhana. Call me in case of clarification.
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Adv. Rajaganapathy
Adv. Rajaganapathy
Chennai | 100+ Answers
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