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Kaushik Ray (Academic Resource Person)     04 October 2012

Articles of wife's parental household

I am a Hindu man who got married in July this year. My wife has deliberately not cooperated in consummating the marriage and has even left her matrimonial house on her own sweet will since she is determined not to initiate any physical relationsip with me. Few days back, a legal notice for reconciliation of marriage was snt by her lawyer to which i have responded positively. Now her lawyer wants her ornaments given by her parental household to be handed over to her. I am also forced to maintain a rented property since her father had kept all the funiture given to her during marriage over there. My question is can my wife demand her jewellery back without mentioning that she does not want to renew the marriage tie? What should be precautions taken from my end to prevent any untoward incident happening during the process of handover of jewellery? Also what kind of tricks can be applied by the other party in this scenario to pressurize me? Can i compel the other party to not just take the jewellery but also the furniture from the other place along with jewelery so that i am relieved of needlessly paying the rent?



Learning

 8 Replies

Tajobsindia (Senior Partner )     04 October 2012

1. For return of furniture of hers, suggested to hire suitable movers - packers and load them and take the truck containing every furniture and household article to nearest Women’s Cell or Police Station and handover to the Women Cell / Police. Both Women cell / Police will wash their hands off and say NO you cannot do this and will guide you as your last grandfather to go to Court.
Leaving the packer truck parked there in their premises, come out of Women’s Cell office / Police Station and make a Call to # 100 and narrate very shortly (asking operators name and call log no.) that your FIL whose name is such and such and having residence of such and such and having landline / cell phone such and such has threatened to you to return all furniture / household items given to her daughter in July 2012 marriage, kindly help me now as I am standing here in Women Cell / Police Station.
Now # 100 Control Room Operator will Call divert to Women Cell / Police Station and either of them will keep calling your lovely Father In Law on his landline / cellphone no. to come immediately to their Office asyour son in law is here with entire city's furniture / and gold items.
Now see in less than 15 minutes your lovely father -in- law will appear there shaken yet stirred.
Handover gracefully every item counted-for in “good condition” in Women Cells / Polcie Stations Duty Officers presence and take FIL's signature as well as his thumb impression in a list of handed items paper and then run to nearest Photocopy Store - take Xerox of original handing over with his signature / thumb impression and annex this handing over – taking over list of furniture / gold items to be now General Diary entered in Police Station then and there. Take stamped / receiving Copy with general Diary No. from Police and release the mover – packers truck off his duties with a small tip.
In case your FIL does not turn up there then download all packed items in police compound and release truck and tell police it is your responsibility now and take digital picture with time and date stamp and stand outside Women's Cell / Polcie Station complex drinking ginger tea.
If matters workes outas per above sequence of events then return back to your home and purchase Rs. 10/- IPO and file via speed post same day an RTI Application to "Police Control Room" to give you information within prescribed RTI time limit to reply a RTI application, i.e. true copy transcriptt of your # 100 call (citing time and date you made the call to them) along with CD of the call. Remember this RTI has to be filed in under 30 days as Control Room # 100 calls are stored only for 30 days and after that they are distroyed barring few "watched calls".

The General Diary Entry and RTI true copy reply are your F/D insurance for any future hi-tea with your wife r/w Father -in- Law in any court of Law.


Now the question here to ask is do you have qualities what it takes to do above in exact sequence ! If yes, do it today late afternoon and if not then Court doors are always open 24 hrs., especially Magistrate Court (Duty Magistrate) to seek AB / Bail later on when situation goes out of hand.

2. For return of Gold and family heirloom items of hers in good condition, read earlier reply in link https://www.lawyersclubindia.com/forum/Formalities-while-returning-streedhan-66319.asp which is self explanatory.


Follow above two process flow and you are safe and the moment you think I wrote something funny then do comeback in future with questions relating to marriage, child custody, dv act, 498a IPC , 406 IPC, DP Act, adoption, succession and wills, I will still guide you as my dharma free of cost in this very open legal forum.

Savvy !

andz (clerk)     04 October 2012

- do agree with Mr.Tajobs and i think 'am getting/feeling better agreeing to him/her . . . .  good work n i did enjoyed the narration n hope fully you shall read to the very end/understand/execute as sugested/advised . . . .

Rahul Sharma (Others)     07 October 2012

I am regular follower of this club..just want to thanks Mr TA jobs..I am impressed the way he deal with situation and more importantly her explanations to victims is impressive..very detailed, step by step and clean suggestions

rajesh (asdadad)     25 October 2012

hello .. I have been cheated by my wife ...

Ours was an arranged marriage through shaadi.com and there was no dowry taken neither me or my parents ever demanded any dowry in fact we were asking them for a registered marriage which they opposed .

I guess that she have had a previous inter-cast affair and just for the sake of her father's social status , she may have married me in june2011 .. but on her suggestions her parents used to take her to their place for a month or so ... so from July 2011 to Jan 2012 , she have stayed with her parents for 2 and half months out of 5 months of our married life /.. and also within this period , she was contastly on the phone talking to her friends , relatives , parents ... In this period , she used to deny me physical relationships citing the reasons of her periods or being tired etc etc... She was never been interested in running a married life rather she used to talk about her career only but she used to give interviews Out of 14 interviews with 2.5 months , she could not crack a single interview .. And she have had told me that she has an experience of 2 years..

 

She used to talk about her previous job from Thane and used to suggest me to shift to Mumbai from Pune  .. She is a BE (Chemical ) and I am an IT engr .. She was always on a constant denial mode for visiting my parents staying 100 KMs away from pune not even once in a month . So one day , she ran away to her parents place .. but after lot of confrontation and my sucide attempt she came back .. After her return , she got a job in pune .. but again same things started by her like having a busy schedule and tiredness etc etc ... In May 2012 from Sonography reports it was confirmed that she is preggy by 6 weeks and 6 days .. but here again she started a fight with me as she didnt want a child .. So this time her dad took her away using the sweet words .. and then he refused to send her back after 15 days .. Meanwhile she have had quit her job and while going to her parents place she have had taken her Educational certificates along with her .. When I went there along with my dad , I was thretened by her dad for life ... after 7 days he came to pune and took away all household items presented by him in marriage ceremony and then first he started talking about mutual consent divorce to my dad which I always opposed and I am still opposed to that ... 

 

On seeing that I am not ready for divorce he started threatening my parents , brother for false DV , 498 A cases .. meanwhile he accepted that my wife has aborted the child ( I have everything recorded on Mobile right from her running away from my home on 29 Dec 2011 to till date )  .. 

I sent her a lawyer notice for coming back to my home on 14th Aug 2012 but instead of replying my notice her dad sent me a lawyer notice asking for divorce .. I didn't do anything legally  for whole one month instead of that I started talking to her friends , her relatives ( I havent talked to my wife since past 5 months ) 

I guess that she / her dad  got frusterated with this and they have sent me a court summons dated 3rd Nov 2012 asking for a divorce and one time settlement amouth of 5 lakh Rupess .. Whichever reasons they have mentioned in the petition are funny like I used to  visit my parents very frequently .. I used to be lazy ... I used to suspect her character .. I would never give her money for buying daily utensils ( she wasn't working at that time ) rather I used to take money from her ... I have given every detail of my torturous married life in this blog .... please guide and help me out in this kinda situation 


(Guest)

Hi Tajobs,

Original querist asked

"My question is can my wife demand her jewellery back without mentioning that she does not want to renew the marriage tie?"

 

Please answer this question as well.

If she has not mentioned through any legal channel (or any other way?) then is hussband supposed to return istridhan as soon as she asks for it ?

Or Should he ask that he will give everything once she rejoin him or start the divorce process???

Tajobsindia (Senior Partner )     25 October 2012

Originally posted by : fight_with_498a
 
"My question is can my wife demand her jewellery back without mentioning that she does not want to renew the marriage tie?" 

Please answer this question as well.
 

 

Without “legal demand” it should be returned back. Husband / his side is just trustee of her stridhan and not custodial and or can’t use stridhan with them as bargain for restitution of his conjugal rights.

 

Flip above the moment she puts “her demands” using "legal" route husband(s) starts crying either saying one of the following; “we never took itor “she took it back” or even say "we returned it at bail time and this list is false”. Why wait for its “legal demand” is moot point, follow the large para which is self explanatory or devise your own explanation and/or if he wants to initiate divorce he can jolly well do it withotu bringing her stridhan  in picture as divorce is granted on set allegations and not on holding trusteeship grounds !


(Guest)

1) Girl got caught in adultry which cannot be proven.

2) Now she is seeking for divorce which should not be contested.

3) She will demand all jewellary (gifted by her in-laws), I should return it.

Why the hell I took birth as a man??

She can easily f**k me. as just she need to raise a finger at me and I will be screwed.

I have not done anything wrong but I dont want to contest false cases just because I do want to see my wife standing in court with criminals enjoying her presence and with this though I will be called as FOOL.

But this is true. I don't want to let her see wrong side of world and dont want to point on her character. I still consider her my wife though she has kicked my a*s

What the F**K?

I am sitting dormant just because of her else I would have settled the matter out-or-court itself with no IF OR BUT, sirf JATT.....

AND people suggest me she can do 406,498a,DV and what else?

Being husband in itself is a crime.

I should have rather brought a women as a KEEP and enjoyed my life.

I request all lawyers (did I say liar?) to not give wrong advices to any girl for the sake of MANkind.

Tajobsindia (Senior Partner )     26 October 2012

 

 

Originally posted by : fight_with_498a

 

1) Girl got caught in adultry which cannot be proven.
Take: People find it difficult to get caught her, here you say "girl got caught" It surprises me to note this that you are not able to use it in Court of law. Seems something wrong in the way she was caught itself :-)

2) Now she is seeking for divorce which should not be contested.
Take: Don’t contest. Concede to her divorce on a silver plate without compromising on allegations part – simple,. Infact give this exactly by way of affidavit and believe me Ld. Judge will have respect for you the moment you give this in writing. . Property and custody comes at any time during passing decree and not before. Interim maint. is based on criteria already well discussed in various threads.

3) She will demand all jewellary (gifted by her in-laws), I should return it.
Take: It is hers and not her "demand". Even gifted by your mother / sister (parents) are all hers. One should return them with witness signature before even she demands them.

Why the hell I took birth as a man??
Take: You don’t know how to make her sleepless it seems so to me!

She can easily f**k me. as just she need to raise a finger at me and I will be screwed.
Take: Yes but for how long and why sit like a duck and give her that option, break that very option of "rising" Needs good strategic mind not shoulder to lean here.

I have not done anything wrong but I dont want to contest false cases just because I do want to see my wife standing in court with criminals enjoying her presence and with this though I will be called as FOOL.
Take: Mistake of your upbringing. Contradiction galore in your above para itself.

But this is true. I don't want to let her see wrong side of world and dont want to point on her character. I still consider her my wife though she has kicked my a*s
Take: These are the qualities of husband that wife looks for to screw happiness. You are a gem husband for her. BTW, what you are doing here if you love her?
What the F**K?
Take: Why swear now, too late!

I am sitting dormant just because of her else I would have settled the matter out-or-court itself with no IF OR BUT, sirf JATT.....
Take: If you cannot even express yourself in invisible internet forum I have serious doubt on your JATT.....

AND people suggest me she can do 406,498a,DV and what else?
Take: These are enough as suggestion for the time being..

Being husband in itself is a crime.
Take: ask your parents why they never told you about 498a and women centric laws when they all were made in their prime and at that time you were in your post nursery grades.

I should have rather brought a women as a KEEP and enjoyed my life.
Take: They donot come economical than a wife. Wife well kept at home is cheaper. Wishes are horses not reality of life.

I request all lawyers (Had I say liar?) to not give wrong advices to any girl for the sake of MANkind.
Take: You get out of the mess that is enough self resolve. Pahle atma fir paramatma ki soncho being layman……….

[You = Generic]!

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