LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sachin   25 February 2016

Returning of gold ornaments

Me and my wife have mutually divorced and are waiting for the divorce certificate. In the mean time my wife has demanded the return of the furnitures which her parents gave to her during our marriage. No dowry was taken from our side (not even a rupee).

She has also asked back the gold ornaments which might altogether cost around 100000 INR. I have agreed to do so. My advocate advised me to not be in the scene and he will do the process of returning in my absence because although it is a mutual divorce it involves lot of hatredness between both the sides.

I would like to know whether it is safe for me to give the gold ornaments to my advocate?. I will not have a proof of it.



Learning

 7 Replies

Dineshkumar (Advocate)     25 February 2016

Yes friend in mutual consent no demand or no controversy to be made if again they move interim your counsel will look over don't worry

Dineshkumar (Advocate)     25 February 2016

Yes friend in mutual consent no demand or no controversy to be made if again they move interim your counsel will look over don't worry

Sachin   25 February 2016

Thanks Dinesh ji.

As I told you that the divorce on paper is a mutual one but a lot of hatredness exists between both the families. Is my advocate correct in asking me handover the ornaments to him?. Do I have to take a written note from my advocate stating that he is going to return the ornaments on my behalf?. I do not want to get in to any further legal trouble no-matter-what.

prabhakar advocate (advocate)     25 February 2016

No. Absolutely not.  Ask your wife to file an application for recovery of stridhan and you appear in that application and before judge give those ornaments (not dowry, those should be mentioned as stridhan articles) and get order by  the court that you returned them. That will solve all your problems.

Vijay Raj Mahajan (Advocate)     25 February 2016

Yes all the Stridhan should be returned back to your wife in person by you. Your advocate can also be present along with you and a proper receipt duly signed and witnessed from your wife that she has received all her Stridhan in best of the condition and nothing more is due from you should also be taken. This process can be carried out in the lawyer’s chamber of either side or in the mediation and conciliatory center of the district court if not in the Family Court.

Sachin   25 February 2016

@Mrs. Renuka Chaudhury - Thanks for your advice. "You are talking as if she will come with gun to court to kill you "- That's not an impossibility. :P.

Sachin   25 February 2016

@ Vijay Raj Mahajn ji,

Thanks for your advice.

 

Just to be a bit clearer, the divorce petition, filed by the girl, clearly said that the girl's side have got no demand what-so-ever. The getting back of the gifted items (or stridhan as it is legally called) during our marriage are purely verbal and has been submitted on a piece of white paper. In that case also do you think it is unadvisable to return the items through the advocate?.

 

Excuse me for being lame.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register