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Amu (Nil)     20 October 2024

Questions on divorce settlement: claiming gifts and wedding expenses

My wife and I wants to file a mutual consent divorce after 12 years of marriage. While I've agreed to return her streedhan (gold, silver items, utensils, and cash gifted by both our families), she is also claiming gifts and expenses that go beyond this. Specifically, she is demanding:

  • Gold that was gifted to me during our marriage.
  • Cash for gifts given to my family members at the wedding like clothes and food items.
  • Reimbursement for wedding-related expenses, which were largely decided by her family, including venue and catering costs.
  • Cash for utensils she brought, despite my willingness to return all the utensils or pay for any missing or broken items.

My questions are:

  1. Can she legally claim gifts that were given to me and my family?
  2. Can she demand cash in lieu of the utensils, even though I am ready to return them or compensate for any damage?
  3. Can she ask for reimbursement of wedding expenses, especially since those decisions were primarily made by her family?


Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     20 October 2024

1. It is 12 years old marriage hence the items gifted more than a decade ago may not be available, if it is available then better return it.

2. As far as the utensils are concerned you can refuse to compensate with cash because it was used by both during your 12 years old married life hence you can inform her accordingly.

3. If you cannot or don't want to reimburse that money at this stage after 12 years you can refuse.

There's no law forcing you to accept these liabilities towards her.

Dr. J C Vashista (Advocate )     21 October 2024

Get the matter sorted out amicably, it is not a legal dispute.

Amu (Nil)     21 October 2024

Thank you, Mr. Kalaiselvan. While I am willing to return the items gifted to her by my family, as is her legal right, she is also demanding the return of the gold and silver that were voluntarily gifted to me and my family during the marriage. My question remains: can such voluntary gifts made to the bridegroom and his family during the marriage legally be demanded for return?

Thank you again for taking my question into consideration.

 

Dr. J C Vashista (Advocate )     22 October 2024

Of course she has a claim over all items gifted to you as well as your family during / after marriage since your relation is coming to a dead-end i.e., no more related.

T. Kalaiselvan, Advocate (Advocate)     22 October 2024

It is after all a settlement agreement between the parties to the divorce, you may negotiate certain items if not fully and look for ways for a peacfeful settlement instead of stretching the issue too for for the material benefits.


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