LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

fight4justiceguy (freelancer)     30 May 2013

I am poor than her - she has all the gold gifts worth 6 lacs

I am poor than her - she has all the gold gifts worth 6 lacs in her marriage.

 

My scenario -

1. No or little earning (less than 5000 per month)

2. No property.

3. No bank balance.

4. Father disowned me legally.

5. 12th pass.

 

Her scenario :

1. She have a baby girl.

2. She have all the gold worth 6 lac.

Does having gold given by us to her would be considered in maintenance?



Learning

 11 Replies

HIRAL THAKKAR (ADVOCATE )     30 May 2013

no it is called streedhan and only the women hold the same has a right on it.

fight4justiceguy (freelancer)     30 May 2013

@HIRAL Thakkar - dear, do u ever read my question? I am not asking for streedhan, I know its streedhan, but she has more value assets like streedhan as compare to me, I have nothing!

Adv k . mahesh (advocate)     30 May 2013

hero if you earn 4999 then you have pay maintenance as awarded bythe court from your salary no doubt you show as you salary is less then 5000 from that salary only court will award you to pay maintenance 

if she is having 6lac worth gold then it will be for children then you do not have chance to claim maintenance 


(Guest)
Originally posted by : fight4justiceguy

I am poor than her - she has all the gold gifts worth 6 lacs in her marriage.

 

My scenario -

1. No or little earning (less than 5000 per month)

2. No property.

3. No bank balance.

4. Father disowned me legally.

5. 12th pass.

 

Her scenario :

1. She have a baby girl.

2. She have all the gold worth 6 lac.

Does having gold given by us to her would be considered in maintenance?


Sweetheart, first and foremost dont open new threads every now and then, ask all doubts in one thread.


If you have filed for divorce or she has filed for divorce, better do not contest it and ask for MCD and seperate.


That's option one.


When it comes to paying matenance, if you have all valid bills of jwellery given by your family to her, then she will keep it as permanent alimony only after reducing everything in writing on paper and submitting the same to the court.


you get divorce, she gets gold. Part ways, lead peaceful life.

 

But if you do not want to let go the gold, she has to return the jwellery back to you on proper presentation of valid bills from your side, and later on come to a fair price for your freedom.  Money you will have to pay in case of MCD.

fight4justiceguy (freelancer)     30 May 2013

@K.mahesh  - Here I am not  asking maintenance, I am just asking would it make any difference where she has money in terms of gold - streedhan and I have nothing. I just want maintenance to be lowered, not take from her, with a view point that she has gold and I have nothing as compared to her.

fight4justiceguy (freelancer)     30 May 2013

When it comes to paying matenance, if you have all valid bills of jwellery given by your family to her, then she will keep it as permanent alimony only after reducing everything in writing on paper and submitting the same to the court.


you get divorce, she gets gold. Part ways, lead peaceful life.

 

 

Don't u think its streedhan - it would be always her, not us. Is streedhan can be considered as alimony?

HIRAL THAKKAR (ADVOCATE )     30 May 2013

Streedhan cannot be considered as alimony. It seems you are frustrated.

HIRAL THAKKAR (ADVOCATE )     30 May 2013

Decide what you want to do and then  ask for query


(Guest)
Originally posted by : fight4justiceguy

When it comes to paying matenance, if you have all valid bills of jwellery given by your family to her, then she will keep it as permanent alimony only after reducing everything in writing on paper and submitting the same to the court.




you get divorce, she gets gold. Part ways, lead peaceful life.

 

 

Don't u think its streedhan - it would be always her, not us. Is streedhan can be considered as alimony?


When you aer showing that you dont have money, dont want to pay alimony and are almost on the road, a pauper what more she can do or the court can do, court can send you to prison for not paying alimony, max, and if you getting MCD then wife has no other option than keeping the gold with her as you are literally a pauper cheeti.

Hemang (Advocate)     30 May 2013

A husband, who has provided a matrimonial house to the wife is expected to maintain her. One can appreciate your financial position, but the law is such that one has to provide the maintenence. The ornaments are considered "Stidhana", and such "Stidhana" cannot be considered, while awarding the maintenence. I appreciate you agony and the financial stringency, but there is no other go. History of the Hindu law makes a cusrsory reference to the effect that "buy, borrow, or still" and maintain your family.  

Advocate Deepak Gupta (Lawyer)     30 May 2013

Gold given by you never consider in maintenance .


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register