Gold ornaments
Querist :
Anonymous
(Querist) 29 July 2018
This query is : Resolved
Recently brother got mutual divorce. But her ex wife took away some gold jewellery from her matrimonial home. Not returning them. Purchase bill is in mother in laws name. What legal options are there?
Guest
(Expert) 29 July 2018
If you have bills you can claim back through court. Divorce itself means end of relationship. All items of yours she has to give back to husband. All items of hers husband has to give back to wife. Provided both show bills of the same. Concept of stridhan holds good only if the marriage is intact. Stridhan is the dhan or the wealth which the wife has, it includes gifts recieved by her given to her etc by anyone during the time of marriage and not afterwards. Afterwards if any gift is purchased in her name even if husband has paid becomes hers. Same holds good for husband.
As this gold bills were cleared by mother in law. She can claim through court that while the marriage was intact she had given it to use for some function and asked her to return it, but she did not return it, stating like that you file application in family court.
You will get back your mothers gold articles...
Sudhir Kumar, Advocate
(Expert) 29 July 2018
she is not bound to return even an alpin from her STREEDHAN which includes ornaments gifted to her at the time of marriage or thereafter by you your parents/relatives.
You are lucky to have got rid of the same or else if you retained them then FIR u/s 406/409 IPC could have been filed.
that is why I asked
"whose ornaments were these (forget who paid for it)"
Kumar Doab
(Expert) 01 August 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Kumar Doab
(Expert) 01 August 2018
Your own very able senior LOCAL counsel of unshakable repute and integrity specializing Family/civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..that has examined the documents would have advised you…that your mother can take back her estate/property (stridhan).
At each location three are some counsels that specialize in such matters and they are well known.
Check for such counsels at LOCAL Family/ civil courts, HC……
Sudhir Kumar, Advocate
(Expert) 22 August 2018
"senior" "local" counsel of "unshakable repute".................
Just forget. Given facts indicate that she walked away with streedhan which is her right. You cannot take it back.
I again repeat
whose ornaments were these (forget who paid for it) (also forget who has bill for the same). Were these ornament not gifted to her during /after wedding by mother-in-law.
Guest
(Expert) 22 August 2018
The most vague advice, if some one has advised that "Your own very able senior LOCAL counsel of unshakable repute and integrity specializing Family/civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..that has examined the documents would have advised you…that your mother can take back her estate/property (stridhan)."
Fist of all, had you got some counsel of unshakable repute and worth his salt, you would not have felt any need to post your query here.
Secondly, no such counsel of unshakable repute can get you the stridhan back from the ex-wife of your brother, even till the end of his life.
So, you don't have any legal option, except to compromise with your position.
Sudhir Kumar, Advocate
(Expert) 22 August 2018
If still you want to litigate the you will just be feeding an advocate and for that purpose you need not bother about his reputation whether shakable or unshakable, whether his record is successful or not.
