ksvrajuadv (Advocate) 28 January 2011
Plz give me formet of application u/s 27 of HMA & also guide me what are the scope of this section.In one of my client against RCR filed by her husband,can we file application u/s 27 HMA to claim her istridhan like car,golden jewellary etc by defencing her RCR case,can we file this application to JMIC.plz suggest me it is very urgently.
Jamai Of Law (propra) 29 January 2011
Yes you can.
But there should be proofs that 'at the time of marriage and/or engagement before' the jwellery was given to 'her' by her parents as well as by her in-laws...............................and that....also the car was given to her (i.e. in her name)!!!
If car is given/registered in husband's name at that time ......... but which was paid by cheque or some credible payment receipt by the females side/her father ................... then it is treated as gift/dowry (good reason to file 498a as well ) item to husand and not as a stridhan of wife'
Stridhan such as jwellery etc if admitted by husband then it can be retrieved
Photos/video clip of wedding...if it shows ornaments....then it's even easy...Doesn't matter who gave it....Was she wearing thoe oraments during wedding and videos and in photos?... ....Contact a good lawyer....
sec 24, 28 this area where discretionary powers and usage by Hon Court in implied.
Jamai Of Law (propra) 29 January 2011
sec 24, 27 HMA this area where discretionary powers and usage by Hon Court in implied.
Jamai Of Law (propra) 29 January 2011
Very recently I witnessed case in FC.
Hon Court made the husband take off his pants......Wife showed the wedding clips and video..............
Husband's sid uttered that she took it all the jwellery while leaving the house and them.....(subsequent arguments....in court.......and wife's smart advocate literally strippd the husband side off!!!)
Husband was orered to deliver everything which was 'stridhan' to the satisfaction of wife!!! Ek ek cheeej ka panchnama aur batwara hua!!
Such tactics unnecessarily make the husband's case weak and he pays of through other modes such as hefty alimony. Conduct during the trial is important (unless lawyer forgets to utilise it to advantage)
Whole world/judiciary knows that jwellary is inevitable part of weddings (although it may range from a tola of gold to few kgs!! but husband shouldn't deny the existance to the milligrams of traces!!)
Self service (None) 29 January 2011
What is husband purchase jewellary for investment purpose and receipt on husbands name, and wife or other female members of family used it on family occasions they will be treated as husband's or wifes?
Can wife claim it as srreedhan?
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