Rights of wife's father to take ornaments from husband
Law Querier
(Querist) 10 May 2013
This query is : Resolved
Wife is in Canada. Husband and Wife’s father both are residing in India. The divorce case applied through power of attorney holder -wife’s father under section 13 (1)(ia) in family court of India. My question is, Is there rights of wife’s father (who lives in India) to take all ornaments and things of wife from husband before divorce? If wife’s father has rights to take all ornament s and things of wife from husband, then what procedure wife’s father have to do legally?
Devajyoti Barman
(Expert) 10 May 2013
The father of the wife if is a constituted attorney of his daughter can acknowledge receipt of ornaments on her behalf.
Law Querier
(Querist) 10 May 2013
The validity of power of attorney is challanged by huaband because the power of attorney is not countersigned by Indian High commission/Consulat of Canada but, notarized by public notary of Canada.The hearing about validity of power of attorney is pending.Can wife's father demand or have taken rights for ornaments and other things of wife from husband though the hearing is pending about validity of power of attorney?
ajay sethi
(Expert) 10 May 2013
prepare a list of ornaments . inform the father that you are willing to hand over the ornaments after court order .
Adv. Chandrasekhar
(Expert) 10 May 2013
While power of attorney is under challenge and sub-judice, it is not advisable to hand over the stri-dhan to power of attorney holder (FIL), till the issue is disposed off in favour of father-in-law.
Adv k . mahesh
(Expert) 10 May 2013
challenging the POA then wait for that order and on result handover the ornaments by duly mentioning each and every item with counter signature with witness
V R SHROFF
(Expert) 10 May 2013
POA HOLDER CAN ACT ON BEHALF OF wIFE