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silverster (engineer)     07 December 2013

Return of articles

Me and my wife are separated before 3 years and she filed MC case under crpc 125 which is pending for past one year. I filed an RCR and even that is pending. During the marriage she received from me golden ornaments worth 21 soverigns. I'm need of my articles. Her plan is to loot my jewels worth of 3 lakhs.

My question is

1) Can I file a 'return of articles' petition in high court to recover my jewels from her. 

Also please let me know if there is any other way for recovering my jewels

Learned Advocates , your reply will be much appreciated.

Thanks,

Silver



Learning

 5 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 December 2013

Dear Querist if you gifted these article to her then the article comes under stridhan and now she is absolute owner of the same

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 December 2013

Dear Querist if you gifted these article to her then the article comes under stridhan and now she is absolute owner of the same

Laxmi Kant Joshi (Advocate )     08 December 2013

At the time of your marriage you had gifted her now they are her property called her stridhan , you had no right over them .

great india (manager)     09 December 2013

Difficult bro. You have to state it was noy gifted bit just given to wear for the occasions. Still the argument would stand invalid as all these tjings tried by people in past. You can still try no harm. During wedding things given are assumed gifts to bride....stridhan

(Guest)

Stridhan, as per Hindu laws, is defined as that portion of a woman’s wealth over which she alone has the power to sell, gift, mortgage, lease or exchange — whole or in parts.

Besides the ornaments and trousseau given at marriage, stridhan also includes all the gifts of money, property, jewellery and so on received by the woman before, during and after marriage from her family, her husband’s family, friends and even strangers. It includes property inherited by the woman from her family or husband’s family; property received by her under a compromise, adverse possession or in lieu of maintenance; property obtained in partition; and property bought using proceeds from stridhan.

If the articles and ornaments were given by your family, to her, during marriage, it is her separate property. Since, as you have stated that the articles were given to her during the marriage, it forms a part of stridhan and as such, these articles cannot be recovered from the wife.

 

–Regards

Advocate Pooja

www.lawkonect.com


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