My husband and I have been separated for three years and I’ve filed for divorce. He hasn’t shown up in court despite several summons, so the judge has ruled in my favor without him present. I’ve asked for my ‘istridhan’ (dowry) back in the divorce case, but my lawyer says I need a separate case for that. Is it really impossible to claim my ‘istridhan’ within the same divorce case?

Apni Law
Apni Law
Law Forum › Category: Divorce › My husband and I have been separated for three years and I’ve filed for divorce. He hasn’t shown up in court despite several summons, so the judge has ruled in my favor without him present. I’ve asked for my ‘istridhan’ (dowry) back in the divorce case, but my lawyer says I need a separate case for that. Is it really impossible to claim my ‘istridhan’ within the same divorce case?
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Apni Law Staff asked 11 months ago

My husband and I have been separated for three years and I’ve filed for divorce. He hasn’t shown up in court despite several summons, so the judge has ruled in my favor without him present. I’ve asked for my ‘istridhan’ (dowry) back in the divorce case, but my lawyer says I need a separate case for that. Is it really impossible to claim my ‘istridhan’ within the same divorce case?

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Best Answer

Apni Law Staff answered 11 months ago

While you can seek your ‘istridhan’ in the divorce case, Indian law generally requires separate proceedings for claiming specific property. Your lawyer is correct that a separate case is usually necessary, but you can still raise the issue in the divorce case and ask the court to consider it.

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