Asked July 23, 2016


  • 1 Answer

My daughters ornaments with in Family Court.communal marriage regn.certificate showing wt. of gold and photos produced for evidence.entire bills were not preserved hence only available bills produced.what shud be done to get back complete ornaments?

Answer 1

A woman’s right to her Streedhan (property brought by her at the time of marriage) 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 Rashmi Kumar vs. Mahesh Kumar Bhada the Supreme Court held that when the wife entrusts her Streedhan property with the dominion over that property to her husband or any other member of the family and the husband or such other member of the family dishonestly misappropriates or converts to his own use that property, or wilfully suffers and other person to do so, he commits criminal breach of trust.

A suit can be filed in the criminal court under Section 405 of IPC for Criminal Breach of Trust. A civil suit for the damages and recovery of the gold ornaments can be filed. It is advised that the photographs, certificates and bills should be kept safely as they form material evidence in recovery of the ornaments,

Agree Comment 0 Agrees almost 6 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.