There are two issues here.
Firstly, it appears that you have not filed complaint for an offence under Section 406 of the IPC against your husband, which relates to criminal breach of trust (misappropriation of the items mentioned by you). If that offence is registered, it is for the police to recover those articles from the possession of your husband, if needed by conducting search or by arresting him.
Secondly, even under the Dowry Prohibition Act, there is a specific provision under Section 6 thereof that whatever property is received as dowry, the same shall be for the benefit of the wife or her heirs, and if any person fails to transfer such property within the specified time limit, then that would amount to another offence under Section 6. The relevant extracts of Section 6 are reproduced as under:
“6. Dowry to be for the benefit of the wife or her heirs.—(1) Where any dowry is received by any person other than the woman in connection with whose marriage it is given, that person shall transfer it to the woman—
(a) if the dowry was received before marriage, within three months after the date of marriage; or
(b) if the dowry was received at the time of or after the marriage, within three months after the date of its receipt; or
(c) if the dowry was received when the woman was a minor, within one year after she has attained the age of eighteen years,
and pending such transfer, shall hold it in trust for the benefit of the woman.
(2) If any person fails to transfer any property as required by sub-section (1) within the time limit specified therefor or as required by sub-section (3), he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years or with fine which shall not be less than five thousand rupees, but which may extend to ten thousand rupees or with both.”
So, if not done already, you may give a complaint under Section 406 IPC and/or Section 6 of the Dowry Prohibition Act in respect of the articles in respect of which these sections may be applicable in your case. Thereafter, the police will get the power to recover these items from your husband or his family.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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