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Pawan S (Advocate)     09 December 2016

Divorce woes- claim of family jewellery by husband from wife

Dear Experts,

Can you please help me with the answer.

 

  • Family jewellery has been given to the wife during the wedding.

 

  • They (Husband & Wife) are in a process of filing MCD (mutual-consent divorce).

 

  • Husband want his family jewellery back (wife agreed to return it back at the time of final hearing)

 

In such a situation, what point husband should include in the agreement.

 

Please mention the specific & exact points.

 

Regards,



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     09 December 2016

at the time of wedding whatevery jewells gives to wife, it all pertaining to STREE DHAN. No question of return to husband. Once it is given to wife, it is called STREE DHAN. 

Streedhan is the property that a woman obtains at the time of her marriage, it differs from Dowry in the way that it is the voluntary gifts given to a woman before or after her marriage and has no element of coercion. The Courts have also made this distinction clear. Women have an absolute right over their Streedhan. 

Pawan S (Advocate)     09 December 2016

Thanks Rama. I am also well aware about this.

The husband agreed to file MCD, only on the condition that wife must return the family jewellery & wife agreed to return the family jewellery at the time of final hearing. 

There were many fake cases filed by the wife earlier against the husband. Reason of these fake allegations was due to the extra-marital affair of the wife.

Due to this extra-marital affair, the wife filed fake suits against the husband. The husband fought for the justice and win the cases.

Now, the husband wants to file suits against the wife. But the wife convinced the husband not to file any suit against her. Finally husband agreed with MCD (only on the condition that wife must return the family jewellery & wife agreed on it).

We need to show that this jewellery is not a part of Streedhan and wife will return it back. Something like this.

In such a situation, what point husband should include in the agreement.   Please mention the specific & exact points.

 

 

Pawan S (Advocate)     10 December 2016

Thanks Autohide, I concur with you. 

We have a plan, not to include the point related to the jewellery return in the MCD. But, have a planning to mention the points (in any way - this needs to be sorted out yet) in the other agreement BUT NOT in MCD. 

The husband can file the suits against the wife. But he is resisting himself in doing so, as this again will take years to see the judgement. That's why he agreed on the condition made by the wife (she will return the jewellery at the time of the final hearing).

A formal agreement is extremely important, as we are also aware of her (the wife's) double standard.

 

 

  1. So, in any case we need to do Formal agreement, but in a different manner (yet need to be sorted out). Please advise.

 

 

2.  Also tell me, if she is returning the jewellery by mutual consent & with her testament/will. Is there any way, she can claim the jewellery back or file any suits against the husband after the decree of divorce. 

Pawan S (Advocate)     13 December 2016

GIFT!! How the jewelry can be shown as a gift? Gifts presented to the wife during the marriage is also a Stridhan. 

If the husband shows these jewelry as a purchase from the wife, then can it be possible that the wife may challenge it in the future. Because there will not be any monetary transaction in this case & also evidence of any monetary transaction will not be available in this purchase.

Can you please mention the point that the husband need to include in the agreement?

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     14 December 2016

Check your PM


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