Hi all,
I am in tough situation. For the last 4 months my wife (living separately) has been conveying that she don't want to continue with this marriage (I have several phone recordings supporting that and her misdeeds). Now, when I also have agreed and asked her about divorce (3-4 times) proceedings she was not replying back with conclusive answer. She is well earning and I have all proofs. Marriage is few months old and thus still 2 months remaining (first anniversary) to file an MCD.
Suddenly she came to my house with her parents to take away all her belongings. I made a list of all items. She further said that some of her gold jewellary is lying in my locker but as it was sunday (locker closed) and I did not remember exact items so I wrote (mentioned specifically items gold types as what she said) on that list that following gold items are not found in boy's home.
Question1. Does above mentioned statement by me in that list means that I have to return those items even if I don't find at my home/locker or does that only mean that those items were not found at boy's home ? She does not have even iota of proof that she handed over that jewellery to me except that written list.
Question2: Does that mean that I am carrying those items?
Question 3: On that list, I further mentioned all items gifted (jewellery like chains, ring etc.) to me during engagement (purushdhan) and specifically mentioned that it will be returned later.
Question4: legally when I am supposed to return that items gifted to me (though legally they belong to me)?
Question5: can I straightaway say that on first motion of MCD I will return those items? Or I should return whenever they demand (let say next week) ?
Question6: Can I force them to give me VAT paid bills for those gifted items as I am worried now they will manipulate on weights on those items ?
She refused to sign that list but finally her father signed in presence of 3 our witnesses and took away all other stuff and asked me to return that gold jewellary next week.
I asked them several times to give me full and final list of items to avoid confusions what I am supposed to give but they straightway refused. Though I want to return everything that may found in locker but can't I (is it legally correct) ask them to come with a final list of items next time ( as I am worried that they may start filing cases to extort money after getting what they could easily). I was thinking to send them an email attached with the list exchanged today and request them to send me full and final list without which I cannot proceed further.
Question7. Is this list-request from myself legally correct?
Question8: Can they file 406 if I send them such an email ?
Question9: Can I refuse them to hand over anything without any such list from their side? Question8: Can I refuse to return those items(istreedhan) without VAT paid bills?
Question10: Can I ask them that everything will be returned on first motion of MCD? I am confused.
My wife is really acting like a wh*re who slept with me for few days (just few days) and now want to extort money politely and once this polite exchange is over she will start firing.
I have so many voice recordings of her with her boyfriend and other strong documentory proofs like emails, phone bills that can easily create a doubt in judge mind.
I am not worried about false 498a but want to avoid 406
I have asked 10 times to them to be fair in these dealings but they are just behind money rather than avoid spoiling their daughter's life and just their silence is ceating trouble in all interactions.
Please give me legal advice.
