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cryptic_79 (Software Professional)     12 February 2015

Return of stridhan my courier?

Hi All,

 I am separated from my wife since last 4 months and they have asked for divorce with 35 lacs as alimony which we cannot afford and are not willing to pay. Today My inlaws called and have asked for my wife's part stridhan (just the two bags of clothes) to be sent to them by courier. They are saying they do not need the jewellery now.They called today and said they have arranged courier and to hand over her suitcases to the courier guy tomorrow. They claim the clothes are worth in lakhs. I just want to check if it is advisable to hand over her suitcases filled with clothes to the courier guy.Also since they have arranged the courier how would i get proof that she has received it. Would be great if you could advise on the best way forward to return her stridhan



Learning

 10 Replies

cryptic_79 (Software Professional)     12 February 2015

Any help would be great. Thanks.

Jayashree Hariharan (Advocate)     12 February 2015

since case is already ongoing. give it to her on the hearing date you will atleast have witnesses.

1 Like

saravanan s (legal advisor)     12 February 2015

my advice is -once she had filed divorce in court its better to do everything legally.if you return sreedhan articles as you said  you may not have any proof.later on they might say that you havenot returned anything back. even if they want it back ask them to come in person and before one or two witness from your side prepare a list of articles that you return back to them along with the approximate value of it.let the girl and her parents sign that

1 Like

Adv. Chandrasekhar (Advocate)     12 February 2015

In between your cryptic query and their colossal demand of Rs.35 lacs, much is there to read.  First, they ask for return of part stri-dhan and not entire stri-dhan, which includes the most valuable jewellery and now at this point of time, request is for only two bag full of clothes.  It is no gainsaying that clothes are immediate necessity and keeping them in the custody of husband while investing some more amount to purchase afresh is nothing but idiocity.  So, the demand to return of only clothes and not jewellery shows that she does not want to snap the relationship and in a few days after sabbatical she will be returning to matrimonial home.  Demand of 35 lakhs, which is unreasonable from your point as well as their point of view and also unaffordable by you (they also know it fully well) is a clear indication that they are not in a mood for divorce and are putting a gambit, which you could understand only by applying perspicacious attitude.  Employing the courier by  themselves for picking up the bags of clothes instead of asking you to bring them to their home also is a sure invitation to you and your family to break the ice and initiate mediation without meddling into legal realm.  A phlegmatic mediator who enjoys the confidence of both husband and wife is the need of hour.  So, you yourself write a polite thawing letter to your wife bereft of any blame-game intending your interest to return those two bag full of clothes - here mention the complete list of clothes with vivid descripttion- over a cup of tea amongst the elders of both the parties at your home and also offer to use this occasion to remove the pin-pricks erupting occasionally in the sweet matrimonial relationship.  Once, they come for taking back those clothes, get their signatures on the list of clothes acknowledging their return in the presence of two witnesses from both sides, but not miss the opportunity to normalize the relationship.  Instead of this course of action, if you write a letter that you will return the clothes only in the court of law, means you are not intended to normalize the relationship and want to break up the relationship.  Then they will be left with no option to recover the clothes (stri-dhan), either they have to file domestic violence case or section 498-A complaint before the crime against women cell or file a complaint in the concerned police station under Section 406 of IPC.

(LAST REPLY)  

1 Like

cryptic_79 (Software Professional)     13 February 2015

Thanks all for taking time to give me your valuable inputs.

Adv k . mahesh (advocate)     13 February 2015

its better to prepare a petition with all the articles to be returned to them even it is clothes or jewellery but each and every thing has to be mentioned in that and hand over a copy to your in laws and tell them that you will hand over all the mentioned stridhan in the court only and do not hand over to courier or any other person like this 

after wards they can say that no courier has arranged by them even if you record such instance also 

cryptic_79 (Software Professional)     13 February 2015

@Adv mahesh :- Thanks for your valuable input. The approach we have taken now based on consultation with our lawyer and input received from this forum is that we have asked them to send us an authority letter duly signed and which clearly mentions the number of suitcases,approx value of the items in the suitcases,them taking ownership of any loss or damage to the suitcases,courier booking receipt with booking reference details, Also we have asked them to make sure the courier guy gets a rubber stamp with him when he comes to collect the stuff and get we will get the pickup confirmation signed by witnesses.

Fingers crossed, this should help us incase there are any problems. Since no divorce proceeding have been initiated or any other cases have been initiated from their side , we did not want to tell them we will return them in court . Also refusing to return based on experts opinion can result into filing other cases from their side. I live in UK and most of her stuff was in UK which she took with her when she left UK on her own accord. Only two bags were lying at our place in india which they are saying contains summer clothes which she needs and other valuable stuff . The bags are locked . Since they are based in delhi and my family  based in gujarat it would be difficult according to them to travel all the way just to collect two bags. Fingers crossed, we have returning her stuff in good faith and with some precautions. Hoping it all goes ok.

SuperHero (Manager)     13 February 2015

Poor people. 2 suit cases are more important than a relationship. 

Later they might ask for Gold/Jewels because she has to attend some near or dear one's marriage.

Then they will ask 35 Lakhs or more as alimony since you are working in UK because she doesn't like you or anything they want to tell you.

Biswanath Roy (Advocate)     15 February 2015

I appreciate the views and observation of Learned Advocate Mr. Chandrashekhar.  Follow his advice.

T. Kalaiselvan, Advocate (Advocate)     15 February 2015

I think learned advocate Mr. Chandrasekar has given a wonderful piece of suggestions cum advices to cleverly and brilliantly tackle the current crisis by properly analysing the situation which still yearns for reunion and not signifying the possibilities of getting snapped.  The opinion rendered by learned advocate Mr. Chandrasekar is more than sufficient leaving nothing more to add to his views, I fully agree with him.


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