Proof of gold jewels
Prakash
(Querist) 05 June 2012
This query is : Resolved
Ld Counsels,
Wife in divorce case filed a list of gold jewels and admitted in the list given that some set of gold jewels were given by husband during marriage but those are with the husband itself. Actually the list of jewels are 90% true but the jewels are with the wife.
Will the list given by wife in divorce case and her admission that those jewels were given by husband help the criminal case filed by him and act as a proof of jewels being given by husband. Will there still be a need to file the bills for those gold jewels.
Please clarify. Thanks.
ajay sethi
(Expert) 05 June 2012
the gold jewels were given to wife at time of marriage . it constiutes her streedhan .
she must have made a claim that her streedhan be returned? you have not mentioned wat is her claim in respect of these jewels
ajay sethi
(Expert) 05 June 2012
the gold jewels were given to wife at time of marriage . it constiutes her streedhan .
she must have made a claim that her streedhan be returned? you have not mentioned wat is her claim in respect of these jewels
ajay sethi
(Expert) 05 June 2012
the gold jewels were given to wife at time of marriage . it constiutes her streedhan .
she must have made a claim that her streedhan be returned? you have not mentioned wat is her claim in respect of these jewels
Prakash
(Querist) 05 June 2012
wife filed annulment of marriage and stated that there is no marriage in the eye of law. These jewels can never be a part of wife if the marriage is not valid. husband also filed annulment of marriage.
Prakash
(Querist) 05 June 2012
she has not claimed that those jewels are her own.
ajay sethi
(Expert) 05 June 2012
if marriage has not been consummated court will grant your application for annullment of marriage
Adv. Chandrasekhar
(Expert) 05 June 2012
Dear Mr. Prakash,
You changed your question. Your first question is that as she has admitted that some jewellery were given by you to her, whether you require to bring original bills to prove the fact that you gave them to her. My answer is "no". Once she admitted that fact that fact is proven against her. Your next question is whether you should give them back or not depends upon various circumstances. If she has filed annulment and you do not have any objection for that, in my opinion, as there is no valid marriage, you need not to given those jewellery (even though it is called stri dhan and she is entitled to the same).
Prakash
(Querist) 05 June 2012
Coulsels, Looks like there is a confusion arising from my reply. I replied to Mr. Ajay that even thought it can be said as stridhan both of us filed separate annulment petition hence the claim for my jewels is maintainable. It seems frmo other replies that bills for gold jewels doenst matter as she has already admitted that jewels were given. However she claims that those jewels are with me only hence she has nothing to give back which is wrong.
ajay sethi
(Expert) 05 June 2012
you mean to say 10^%of hewels are with your wife . forget tose jewels if she is agreeing to annullment of marriage .
as it is these were gifts made at time of marriage and constiute her streedhan .
Adv. Chandrasekhar
(Expert) 06 June 2012
First of all, in annulment petition giving or returning of stri-dhan will not be adjudicated. Once your ownership of some jewellery (10%) is admitted, but in whose possession is the dispute, it can be adjudicated only by your filing a separate civil suit for recovery of the above said jewellery.
