Domestic Violence & Your Rights

**A common misconception about the Domestic Violence Act.** The DV Act is a civil remedy, not a criminal one. Filing a case under this act is for seeking remedies like compensation or residence orders, not for getting the husband arrested.

**How to defend against a false dowry (498A) case.** If a dowry complaint lacks specific details like the date, time, and person who made the demand, the FIR can be quashed. I explain how to challenge vague and baseless allegations in the High Court.

**Supreme Court asks government to review Section 498A.** Recognizing that Section 498A is one of the most misused provisions, the Supreme Court has directed the government to reconsider it before the new criminal laws are implemented.

**Should you get bail if your wife files an FIR?** It depends on the allegations. For a simple 498A case, you will likely receive a notice to join the investigation. However, if there are serious allegations like Section 376, you must apply for anticipatory bail.

**What is Stridhan and can a husband's family claim it back?** Any gift or jewelry given to the wife at the time of marriage is her Stridhan. She has the absolute right over it, and neither the husband nor his family can legally claim it back.

**Your wife's jewelry is her absolute property (Stridhan).** I explain that all jewelry a wife receives during her marriage belongs to her. If a husband or his relatives take it and refuse to return it, they can face criminal charges under Section 406 of the IPC.

**A wife can demand all her jewelry back in a DV case.** In a domestic violence proceeding, a wife has the right to claim her Stridhan. If the husband claims he has already returned it, he must provide proof.

**Should you transfer property to your parents' name during a dispute?** This might not help. While your wife cannot claim ownership, if your parents are party to a DV case, the court can still grant her the right to reside in that property.

**Can my wife claim a share in my or my parents' property?** No, a wife cannot claim an ownership share in the husband's or his parents' property during a divorce. However, your net worth will affect the amount of permanent alimony, and she can claim a right to residence.