The Karnataka High Court recently ruled that a husband and his family cannot keep any belongings or assets brought by the wife to her marital home if the marriage is declared null and void. This decision came from a case involving a woman’s criminal proceedings against her ex-husband and in-laws under Section 406 of the Indian Penal Code (IPC), which deals with criminal breach of trust.
Case Background:
In this case, the ex-husband and his parents challenged a March 2015 order from the Chief Metropolitan Magistrate of Bangalore. This order had dismissed their application to be discharged from the proceedings initiated by the ex-wife under Section 406 IPC. The petitioners argued that they had paid Rs 4 lakh to the ex-wife as a divorce settlement, and thus, nothing more was owed except for the maintenance.
The ex-wife, however, argued that the Rs 4 lakh paid was only for permanent alimony and did not include the Rs 9 lakh given by her family before the marriage. She claimed that not returning her Stridhan amounted to a criminal breach of trust by the ex-husband and his family.
Court’s Decision:
The High Court noted that while the marriage annulment involved a settlement of Rs 4 lakh, the Rs 9 lakh given before the marriage as Stridhan was separate. The court emphasized that the annulment settlement did not cover the Rs 9 lakh, which was Stridhan belonging to the woman.
The court clarified that even after an annulment, the woman’s Stridhan cannot be kept by the husband or his family. Therefore, the court dismissed the petition filed by the husband and his family, reinforcing that Stridhan must be returned.
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