Retention Of 'Istridhan' After Divorce Is Not A Continuing Offence For Limitation Purposes: HP High Court
The Himachal Pradesh High Court has held that the alleged retention of a wife's 'Istridhan' may not constitute a continuing offence once the marriage has been dissolved by a decree of divorce.
Distinguishing divorce from judicial separation, the Court observed that the legal relationship between the spouses continues in the latter case but stands severed upon dissolution of marriage, a distinction relevant to determining the applicability of the limitation period for criminal proceedings.
Justice Chirag Bhanu Singh remarked that: “Thus understood, the demand for 'Istridhan' will remain a continuing offence. After the dissolution of marriage, it may not remain the same. […] After the relations between the husband and the wife severed, the offences relating the Section 498-A and demand of 'Istridhan' may no more remain as 'continuing offence'.”
The complainant, Kanchan Lata, married the petitioner, Tota Ram, in 2007 and alleged that he had misappropriated and retained her Istridhan despite repeated demands for its return since 2011. She filed a complaint under Sections 406 and 506 of the Indian Penal Code (IPC) on July 19, 2017.
The Judicial Magistrate First Class, Shimla, summoned the accused in 2018 and issued a notice of accusation in 2022. Challenging the proceedings, the husband approached the Himachal Pradesh High Court under Section 482 of the Code of Criminal Procedure (CrPC), contending that the complaint was barred by limitation, as the marriage had been dissolved by a decree of divorce on October 9, 2012.
The Court held that the complaint, filed on July 19, 2017, was barred by the three-year limitation period prescribed under Section 468 CrPC.
The Court distinguished judicial separation from divorce, observing that the retention of Istridhan may constitute a continuing offence where the marital relationship subsists, but not necessarily after the marriage has been dissolved.
Since the parties' marriage was dissolved on October 9, 2012, the Court held that the complaint was filed beyond the prescribed limitation period and quashed the criminal proceedings, including the summoning order and notice of accusation.
Date of Decision: 14.10.2026