Return of jewellery

Guest (Querist) 03 July 2013 This query is : Resolved
I have filed a case for divorce in December 2011 and it`s going on.Now opposition lawyer has handed a petition under CPC 151 saying we should return the jewels of the wife.Should I return to them now or wait till the completion of the case?

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ajay sethi (Expert) 03 July 2013
just cross check whether items mentioned in the list tally with those in your posession . in reply offer to return her streedhan .

Guest (Querist) 03 July 2013
Many thanks sir for your quick reply

Raj Kumar Makkad (Expert) 03 July 2013
jewelry items under section 151 of CPC in divorce petition neither can be demanded nor can be returned.

ajay sethi (Expert) 03 July 2013
thanks for your appreciation

Raj Kumar Makkad (Expert) 03 July 2013
Most welcome from your side.

Guest (Querist) 03 July 2013
Makkad sir,
Are you saying they have used the wrong section under cpc?.thanks

Raj Kumar Makkad (Expert) 03 July 2013
If there is no such prayer or list of articles in the written statement, it do not lie under section 151 of CPC in divorce proceeding.

A separate complaint under section 406 IPC or a suit for recovery of articles or DV Act is liable to be filed for that purpose.

Guest (Querist) 03 July 2013
Makkad sir,

They have provided a list of articles provided.We haven`t checked whether the list is correct yet.

Raj Kumar Makkad (Expert) 03 July 2013
Whether those had provided the list while filing the written statement?

Guest (Querist) 03 July 2013
Yes sir,the written statement is accompanied by a list.

prabhakar singh (Expert) 03 July 2013
Just check the list and return whatever istridhan is in your custody.Do not count scores why and why not? Fairness is required in such matters.

Guest (Querist) 03 July 2013
Thank you sir.

prabhakar singh (Expert) 03 July 2013
Most welcome you are!

Raj Kumar Makkad (Expert) 03 July 2013
Most welcome from your side.

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