Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
Recently, when, for some specific purposes, I was looking for the exhaustive definition of Stridhan and its distinction with Dowry, I found the material or definitions available on the net mostly wanting. In most places, it is mentioned that a property acquired by a woman before, at the time of marriage and later is Stridhan. […]
Court: Madhya Pradesh High Court
Bench: JUSTICE N.K. Gupta
Mamta Bai & Anr. Vs. Manoj Kumar Rai & Anr. On 8 January 2014
Law Point:
Protection of Women from Domestic Violence Act, 2005 — Section 12 — Grant of maintenance and return of Stridhan of applicant No. 1 — Considering circumstances in which applicant left house of respondent at intervention of police and legal steps by father to take his daughter home — It cannot be presumed that applicant left house without taking her ornaments, it was not alleged by applicant that ornaments were in custody of respondent or kept in locker — ASJ rightly accepted testimony of ‘G’ in this regard and rightly found Trial Court committed error in directing return of entire Stridhan to applicant No. 1 — No interference required in criminal revision — No illegality committed by Appellate Court in deciding appeals filed before it — No relief can be given to applicants more than granted by Appellate Court — Revision relating to return of Stridhan cannot be accepted.
Court: Madhya Pradesh High Court Bench: JUSTICE N.P. Singh Smt. Chhaya Vs. Dr. Kastoor Chand Jain & Anr. On 10 January 1996 Law Point: Civil Procedure Code, 1908 — Sec. 96 — Appeal from original decree — Gift made to bride — Her Stridhana property — Once a gift is made and accepted by doner […]