The issue of domestic violence continues to plague many families in India, leaving countless women in vulnerable situations. One of the most pressing concerns for women in such cases is the recovery of their Stridhan—a woman’s rightful property as recognized under Indian law. Here’s a real-world scenario that highlights the legal journey and remedies available when faced with such challenges:
A woman, subjected to domestic violence by her husband and in-laws, was forcibly thrown out of her marital home in the middle of the night. Left with no choice, she sought shelter at her parents’ home. To make matters worse, her jewellery and belongings (Stridhan) were withheld by her husband and in-laws, despite her repeated attempts to recover them.
Legal Actions Taken:
- Police Complaint: The first step she took was lodging a police complaint against her husband and in-laws for domestic violence and the recovery of her Stridhan. While the police intervened and asked her husband to return the items, he delayed under false assurances.
- Referral to Protection Officer: Upon the police’s referral, the protection officer initiated inquiries and again directed the husband to return the Stridhan. However, he further delayed by claiming he would do so in court during divorce proceedings—a case he did not file.
- Approach to the State Commission for Women: She approached the State Commission for Women for justice. Despite multiple summons, her husband avoided the inquiry process, showing blatant disregard for the legal system.
- Anticipatory Bail by the Husband: When cornered, the husband applied for anticipatory bail, attempting to avoid legal repercussions for his actions.
Should You Intervene in the Anticipatory Bail Hearing?
Yes, it is advisable to intervene. Here’s why:
- To Present Facts: Your intervention ensures that the court hears your side of the story, especially about the domestic violence and non-compliance with recovery orders for Stridhan.
- To Oppose Bail: Granting anticipatory bail could allow the accused to continue evading legal responsibilities. Highlighting his disregard for summons and failure to cooperate with the police or protection officer can strengthen your case.
What If He Gets Anticipatory Bail?
If the court grants anticipatory bail, it is not the end of the road:
- Impose Conditions: The court can impose conditions for returning the Stridhan or complying with ongoing investigations as part of the bail order.
- Proceed with Other Remedies: You can continue pursuing your complaint through the police, the Women’s Commission, and legal proceedings under the Protection of Women from Domestic Violence Act, 2005.
- Civil and Criminal Actions: Initiate or continue proceedings for divorce, maintenance, and recovery of Stridhanunder the appropriate provisions of law.
Legal Provisions Protecting Women
- Stridhan Recovery: The Supreme Court of India has held that Stridhan remains the woman’s absolute property, and refusal to return it constitutes a criminal breach of trust under Section 406 of the IPC.
- Protection of Women from Domestic Violence Act, 2005: Provides immediate relief and the right to reside in the marital home or seek alternative arrangements.
- Criminal Law: Filing an FIR for domestic violence and dowry harassment under Section 498A IPC can ensure stringent legal action.
Conclusion
This case underscores the importance of understanding one’s legal rights and taking decisive steps to assert them. Women facing domestic violence or struggling to recover their Stridhan should not hesitate to seek help from the police, protection officers, and commissions dedicated to their welfare. Legal intervention at every stage is crucial to ensuring justice and reclaiming dignity.
