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My sister, Mrs. Veena Pratap Singh Badiger, got married on 26/12/2021 and passed away on 18/09/2024. During her lifetime, she filed a DV/criminal complaint against her husband and in-laws. After her death, civil proceedings were closed, but the criminal case is still pending. Her streedhan articles (silver, pooja items, personal belongings, etc.) are still in possession of her husband and relatives. Some items are allegedly kept in a locker/safe, and we have video evidence of the same. Despite repeated requests, they allegedly demanded withdrawal of the criminal case before returning the streedhan. I filed a KSP online complaint and later sent a legal notice via RPAD on behalf of my mother (legal heir). The notice was delivered, but no reply has been received. Please advise on the proper legal remedy, jurisdiction, civil or criminal action, and required documents/evidence.
Streedhan is the absolute property of the wife, and after her death, her legal heirs can claim it. You can file a case under the Protection of Women from Domestic Violence Act, 2005 and also initiate a criminal complaint for criminal breach of trust. Jurisdiction lies with the Magistrate Court where marriage or residence existed. Evidence like video, legal notice, DV complaint copy, and property list is crucial. For further legal assistance contact us on our helpline number.