LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shyam Prasad   21 June 2023

Dispute over bank jewel locker

Myself and my wife are married since 2016 and we have a kid. There was  misunderstanding and fights between me and my wife since 2017 and my wife went to her parents home since Jun 2020. My wife did not answer my mobile calls and WhatsApp calls and did not come back to matrimonial house even after going in person to her parents house.The reason for her not returning back to matrimonial house being I am taking neuro psychiatric medications for mild depression which was not told to her and her family members before the marriage. Even after marriage she told me to bring my parents to speak with her parents at her parents house but my parents were not interested to go to her house and speak with her parents reason being they keep nagging us about those medicines and depression and they are very quarrelsome in nature. I waited from June 2020 till Aug 2021 for her to return back but she didn't return so , I consulted an advocate and sent legal notice.She sent reply notice and did not rejoin we waited till Nov 2021 but no use so I filed a RCR petition in family court in Nov 2021 she filed maintenance petition I against me in Mar 2022. We were sent for counseling thro family court and all attempt to reunion failed then case moved back to court. Judge moved the case to lok Adalat as we both were willing to live together and continue married life based on certain terms of settlement both the cases RCR and maintenance were disposed off without contesting.

During the court proceedings my wife asked for her jewels for some family function we  thought to give the jewels that were given by her parents in court itself by asking her to sign a receipt in ₹100 stamp paper she refused.

The  jewels given to her by her parents and my parents were kept in a bank locker in joint account in the name of my wife and my mom. During the court proceedings,since my wife refused to take the jewels given by her parents, me and my mom moved rhe jewels given by my parents to another locker as per suggestions from my advocate.

Now we have reunited, my wife is asking for her entire jewels given from both my parents and her parents.My mother wants to give back the jewels provided my wife signs a receipt of jewels taken by her and my wife is not ready to sign any receipt. How to go about this issue as jewels issues are creating more problems in our relationship ? Is my mother asking for a receipt make any sense legally? How to get back jewels from my mother without signing any receipt?



Learning

 4 Replies

Real Soul.... (LEGAL)     21 June 2023

Your mother is sane and she is right in asking reciept. You don' understand what she meant. You already had faced court proceedings and still ignoring the fact. Just keep record though Jwellery belongs to her but the matter is that of custody. Get receipt or face whatever in future

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 June 2023

A receipt is an acknowledgment in writing that the party giving the same has received from the person therein named, the money or other thing therein for evidencial purpose in future legal consequences. so convince your wife to tell facts about this.

1 Like

T. Kalaiselvan, Advocate (Advocate)     21 June 2023

There is no illegality in your mother demanding the receipt from your wife acknowledging the receipt of her jewels.

Your mother can refuse to part with the jewels she had given to her earlier.

Instead of joining hands with your wife, you can cionvince her to sign the receipt so that the problem can be solved without stretching it any further

1 Like

Sudhir Kumar, Advocate (Advocate)     21 June 2023

Agreeing with above experts to the extent of need for receipt, I will add my analysis on each point raised by you.

 

Myself and my wife are married since 2016 and we have a kid. There was misunderstanding and fights between me and my wife since 2017 and my wife went to her parents home since Jun 2020. My wife did not answer my mobile calls and WhatsApp calls and did not come back to matrimonial house even after going in person to her parents house.

 

The reason for her not returning back to matrimonial house being I am taking neuro psychiatric medications for mild depression which was not told to her and her family members before the marriage.

 

 

YOU HAVE HIDDEN THAT WHETHER THESE DRUGS (which you call neuro psychiatric medications)  WERE PRESCRIBED BY DOCTOR OR WERE SIMPLY A SUBSTANCE ABUSE.

 

IN EITHER CASE YOU ARE GUILTY OF HIDING THE FACT AND INDUCING HER FOR MARRIAGE.

 

Even after marriage she told me to bring my parents to speak with her parents at her parents house but my parents were not interested to go to her house and speak with her parents reason being they keep nagging us about those medicines and depression and they are very quarrelsome in nature.

 

 

A HIGHLY IRRESPONSIBLE ACT. FIRST CHEATED A GIRLS AND THEN NOT WILLING TO CUT SORRY FIGURE BEFORE HER PARENTS.  YOUR PARENTS HAD NO JUSTIFICATION OF KEEPING ALOOF.

 

HOW CAN YOU EXPECT NOT TO EXPRESS THEIR GRIEVANCE OF BEING CHEATED INTO ALLIANCE WITH YOU AND IT IS NOT A QUARRELSOME NATURE.

 

ANYWAY IN INDIAN SOCIETY THE PARENTS OF GIRL HAVE TO BE CALLED QUARRELSOME WHEN THEY RESIST THE TORTURE OF THEIR DAUGHTER.  

 

 I waited from June 2020 till Aug 2021 for her to return back but she didn't return so , I consulted an advocate and sent legal notice.She sent reply notice and did not rejoin we waited till Nov 2021 but no use so I filed a RCR petition in family court in Nov 2021

 

 

RCR NOTICE IS A TIME TESTED TOOL TO COMPEL WIFE TO RAISE TRUE/FALSE COMPLAINT OF DOWRY/DOMESTIC VIOLENCE AGAINST HUSBAND WITH FAMILY INCLUDING MARRIED/UNMARRIED BROTHER/SISTERS WIT/WITHOUT THEIR SPOUSE.  THIS WAY HUSBAND LEAVES HER WITH NO CHOICE BUT TO SPOIL HIS FAMILY EVEN IF SHE DOES NOT WANT TO DO SO.

 

THIS FORUM IS FULL OF SUCH CASES WHERE HUSBAND WITH  PARENTS/SIBLINGS FACED SUCH CRIMINAL CHARGES. 

 

ANYWAY YOU HAVE BEEN LET OFF LINIENTLY BY HER.

 

She filed maintenance petition I against me in Mar 2022.

 

SHE COULD HAVE BENE HARSHER BUT DID THE MINIMUM

 

We were sent for counseling thro family court and all attempt to reunion failed then case moved back to court. Judge moved the case to lok Adalat as we both were willing to live together and continue married life based on certain terms of settlement both the cases RCR and maintenance were disposed off without contesting.

 

YOU HAD NO CHOICE BETTER SENCE PERHAPS PREVAILED.  ONCE RCR CASE IS FILED THEN SHE HAS TO JUSTIFY BEOFrE THE COURT THAT WHY SHE IS JUSTIFIED IN NOT JOINING BACK.

 

During the court proceedings my wife asked for her jewels for some family function we thought to give the jewels that were given by her parents in court itself by asking her to sign a receipt in ₹100 stamp paper she refused.

 

VERY UNJUSTIFIED DEMAND. 

 

YOU COULD HAVE SOUGHT RECEIPT OF THE ORNAMENTS AND GIVEN HER THE ORNAMENTS BOTH WHICH ARE PRESENTED BY

 

(I)                HER PARENTS AND RELATIVES: AND

(II)             YOUR PARENTS AND RELATIVES.

 

 

IN THE EYE OF LAW BOTH THE JEWELRY IS HER UNQUESTIONABLE PROPERTY AS “STREEDHAN” AND DENIAL ATTARACT SECTION 406 IPC (NON-BALIABLE).

 

The jewels given to her by her parents and my parents were kept in a bank locker in joint account in the name of my wife and my mom. During the court proceedings,since my wife refused to take the jewels given by her parents, me and my mom moved rhe jewels given by my parents to another locker as per suggestions from my advocate.

 

AN ATTEMPT UNDER SECTION 406 OF IPC. YOU ARE LUCKY TO ESCAPE SO FAR.

 

Now we have reunited,

 

LUCKY.  QUITE GENEROUS OF HER.

 

my wife is asking for her entire jewels given from both my parents and her parents.

 

 

SHE HAS A RIGHT TO THESE.

 

 

My mother wants to give back the jewels provided my wife signs a receipt of jewels taken by her and my wife is not ready to sign any receipt.

 

TO THIS EXTENT YOUR MOTHER IS RIGHT BECAUSE SOME PROOF IS NEEDED FOR HANDING OVER “STREEDHAN”

 

How to go about this issue as jewels issues are creating more problems in our relationship ?

 

SIMPY HAND HER OVER AND FOR YOUR SAFETEY TAKE SOME PROOF OF HANDOVER (NEED NOT INSIST ON STAMP PAPER OF A PARTICULAR VALUE)   YOU HAVE TO GET RID OF THESE JWELLERY AS SOON AS POSSIBLE

 

Is my mother asking for a receipt make any sense legally?

 

THE JEWELRY YOU SAID WAS EARLIER IN YOUR LOCKER YOU HAVE NOT NARRATED HOW THIS LANDED TO YOUR MOTHER.

 

LEGALLY THESE SHOULD NOT HAVE BEEN YOUR MOTHER. 

 

HOWEVER SINCE IT IS A MATTER OF RECORD THAT THESE ARE WITH HER YOU HAVE RELIEVE YOUR MOTHER OFF THIS JWELLERY TO SAVE HER FROM SECTION 406 IPC (NONBIALABLE)

 

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register