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Wife took away gold ornaments

Page no : 2

Deepak (Engineer)     27 October 2010

I will clarify on all points raised so far...

My understanding about "ShreeDhan" is those things which wifes gets from her parents in the marriage or after the marriage...and I agree that I should not have any right on the same...

In my case, all ornaments are purchased by me and my father during the marriage and after the marriage..

After marriage, it is tradition in us that as a gesture of love, husband purchases ornaments for wife...I have also purchased few for myself as well...

Now, you can call it gift or anything though we do not make any gift certificate to make it leagel gift..All the receipts are on my name and are with me...

But, if she claims that the  ornaments are purely her propertly, is this correct ?

 

 

Roshni B.. (For justice and dignity)     27 October 2010

@deepak

yes it's her property now.this query has been answered in the past also in LCI.please check the link below to know lawyers' advice on this..hope u get satisfied after reading this.

https://webcache.googleusercontent.com/search?q=cache:kYKfF6vELBQJ:lawyersclubindia.com/experts/Streedhan-91161.asp+streedhan+meaning&cd=5&hl=en&ct=clnk&gl=in

Deepak (Engineer)     27 October 2010

@Roshni

I have gone through the link..Looks like those which we take during marriage belongs to wife...But, If you look at the last point, it is mentioned that those bought during her life time should be in her name...In my case, all receipts are on my name...so those are on my name...

Jamai Of Law (propra)     27 October 2010

section 27 of HMA says "at the time of marriage"

 

There is difference streedhan and gifts to wife after marriage.

 

Both require proofs, first of all.

 

Streeshan is absolute property of wife.

 

Gifts after marriage require proofs. But other party may challenge it as 'not gifts' but as fiduciary duty/power the wife was entrusted and incorporated by the husband to hold the husband's wealth .This is to be contrued as husbands gratiousness.

 

If a person lends money or any other thing to any third person, then in case of dipute over that it requires the proof that 'it was lent'.

Kisi rishtedar ne bhi paisa dubaya to be proof chahiye.

 

But Marriage is sacrament,  In the case of husband-wife, it should looked with a different perspective.

What if a wife calls it quits after trasferring apaprtment house in her name and asks the husband to vacate the house. There are citations which uphold husband's rights bcos his hard sweat money was poured to buy those assets in wife's name.

 

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Roshni B.. (For justice and dignity)     27 October 2010

deepak why dont u post your query in the expert section of LCI where only advocates reply?

Deepak (Engineer)     27 October 2010

I agree with @Jami Of Law...Are you legel practioner ? Please clarify..

Like you mentioned , when husband buys for ornaments for wife by his money, he does not think about money, ownership etc etc...

But, when wife claims her leagal right on such things, then husband are forced to think from legel perspective...

albert pinto (trainer)     27 October 2010

if it is a gift then only your wife has the right on it,but if you want them back you can file a case on her as she is unable to prove them her and you can prove them yours very easily by providing bills

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albert pinto (trainer)     27 October 2010

hi this is Albert

 

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hedevil hydraheaded (non professional )     27 October 2010

Are Gold aata jaata rahata hai. Yeh to patni sri le gayee, aapke pyar ki nishani maankar. nahin to kyapata koi aur lutera le jata. sone chandi mein kya rakha hai. Asli sukh to renunciation mein hain. Shanti ki khoz mein lage rahiye, Moksh milega. Sone ke peeche shanti mat ganwaiye nahin to meri tarah devil he ban kar rah jayenge, mere Bhai. 

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Bhartiya No. 1 (Nationalist)     28 October 2010

at last he may think that, he got robbed. But here the author is seeking professional help/advice.

Avnish Kaur (Consultant)     28 October 2010

it attracts Section 406 I.P.C., the offence of criminal breach of trust

Deepak (Engineer)     28 October 2010

Thanks to all of you for your vaulable suggestions...

@hedevil hydraheaded - You are right in one sense. But, when wife does not recongnize the fact that husbands does this for happy family life, there is no one to blaim than the wife and more over, if she claims that the ornaments are her property then , person like me feels cheated...But I agree with there is no point after a certain stage in life to fight on these matters but at this stage, I am not in a position to clam my nerves...
I do not want divorse but I am just fighing for my rights....

Can any one suggest a good lawer in Pune for such matters ?

Ghajini (SSE)     28 October 2010

Deepak , toy are right don't get into emotions with such stupid responses...and if shanti, moksha is the only thing then why that particular woman didnt opt for it rather than jewels

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