One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X approached me regarding his sister Mr.Y’s matrimonial dispute. Mr.Y got married in DD/MM/YYYY to Mr.Z. After marriage, Mr.Z forced frequent relocations from City A to City B and then to City C, causing significant instability for Mr.Y and her child. The constant shifting affected her mental health and financial security. Mr.Y had brought gold ornaments worth approximately Rs 30 lakhs as streedhan during marriage. When the matrimonial relationship deteriorated due to harassment and domestic violence, Mr.Z refused to return her streedhan. Mr.Y filed a domestic violence case under the Protection of Women from Domestic Violence Act, but the proceedings got stuck at the notice stage. The husband was avoiding service of notice and prolonging the legal process. The family was frustrated with the delayed justice system and needed immediate legal intervention to recover the valuable streedhan and expedite the domestic violence case.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

File a separate civil suit for recovery of streedhan along with the DV case. Document all gold ornaments with purchase receipts, photographs, and witness statements. Consider applying for substituted service if the husband is avoiding notices. Engage a local advocate in the husband’s current location for better coordination.

Applicable Sections of Law

Under Bharatiya Nyaya Sanhita (BNS), Section 85 deals with dowry harassment, while Section 115 covers voluntarily causing hurt. Section 351 addresses criminal intimidation. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 provides for substituted service when regular service fails. The Protection of Women from Domestic Violence Act, 2005 remains applicable for interim reliefs and protection orders. Additionally, Section 406 BNS covers criminal breach of trust for withholding streedhan.

If You Are the Complainant

• Compile complete documentation of all streedhan items with photographs and purchase receipts
• Gather witness statements from family members present during marriage ceremonies
• File a detailed complaint mentioning specific gold items and their approximate values
• Apply for interim maintenance and residence orders under DV Act
• Request court for substituted service through newspaper publication if husband avoids notices

If You Are the Victim

• Maintain a detailed diary of all incidents of domestic violence with dates and witnesses
• Seek immediate medical attention for any injuries and preserve medical records
• Contact Domestic Violence Helpline 181 for immediate support and guidance
• Apply for protection order to prevent husband from disposing of streedhan
• Consider staying in a safe location with family support during legal proceedings

How the Police Behave in Such Cases

Police often treat streedhan recovery as a civil matter rather than criminal, causing delays. They may suggest mediation or compromise instead of registering FIR. In DV cases, police sometimes show reluctance in executing protection orders promptly. However, with proper legal representation and court orders, police cooperation can be ensured. Many officers lack awareness about streedhan rights and may require judicial intervention for proper investigation.

FAQs People Normally Have

Can I file both civil and criminal cases for streedhan recovery? Yes, you can file a civil suit for recovery and criminal case for dowry harassment simultaneously.

What if my husband has sold the gold? He can be held liable for criminal breach of trust and ordered to pay monetary compensation equivalent to current gold value.

How long does streedhan recovery take? Civil suits typically take 2-5 years, but interim orders can provide temporary relief within months.

Is oral gift of gold also recoverable? Yes, even oral gifts given during marriage are considered streedhan and recoverable with proper evidence.

What Evidence Is Required?

• Purchase receipts and invoices of gold ornaments from jewelry shops
• Photographs of the victim wearing the ornaments during marriage functions
• Wedding photographs showing exchange of gifts and ornaments
• Witness statements from family members who attended marriage ceremonies
• Bank statements showing gold purchase transactions
• Marriage invitation cards and ceremony videos
• Written demands made to husband’s family for return of streedhan

How Long Will the Investigation Take?

Police investigation in streedhan cases typically takes 3-6 months if treated as criminal matter. However, civil recovery suits may extend 2-5 years depending on court workload and case complexity. DV cases usually get priority and interim orders can be obtained within 2-3 months. Mediation attempts may be suggested initially, which could take additional 1-2 months before formal trial begins.

Advocate Sudhir Rao, Supreme Court of India