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Aaks (SRA)     04 April 2013

Seperation and jewellery

Hi,

This is with regards to a friend of mine. He and his wife have been living seperately for more than 6 months now. The girl and her family are behaving wierdly, where they refuse to speak to the husband or his mother (they are the only people in the family) face to face. Recently, the girl up one of the uncle's (who is at this point of time acting as a mediator), and said she would be ok to sign the divorce and would make no claims. Since, no mutually agrreable date could be worked out, a meeting failed. There is a small child in between, beacuase of which the guy would like to come to a resolution. However, the girl has been alleging verbal abuse and refuses to talk. In a motnh's time, the girl has called back again, and says that she want her belongings including her jewellery to be handed over to her relatives.

Though the family is fine to return the girl's belongings, what is the right procedure, so that the girl does not come back tomorrow and says nothing was given to her? Also what are a father's rights for a girl child's custody? The girl belongs to a typical Marwari family where a girl child is not respected. Is there a way to prove that in court? The girl is headstrong and is refusing to talk to anyone, and in the past she has threated, that she will injusre herself and report the same to the police. Considering the whole back drop, what should one do with the girl's belongings? should it be settled only as part of the court's final settlement or it can be given before with some sort of proof of delivery?



Learning

 2 Replies

Gaurav (consultant)     04 April 2013

Akas,

Although ethically/legally its incorrect to hold girls jewellery but considering current law misuse scenario I would advice to return it while MCD motions as even after she take away all jewellery, she can very well file false 498a and other cases to harass you. I understand that her jewellery should be used as divorce negotiations but it is she, who has run away from marriage (not you) so she should also be considerate. If you agree to one demand then you will see another demans in pipeline.

Be political.

Talk to them and make MCD papers mentioning items exchange in MCD motions.

I do not think that if the intention of girl side is right then they should be having any issues in taking jewellery back during MCD motions.

As it seems that your intenstion is clear to return her belongings so better return it while MCD motions. Don't give such B**ches a chance to harass you.

These days it has become a business to extort money by troubling husband family so better be safe than to cry.

Adv k . mahesh (advocate)     04 April 2013

after MDC motions only better to handover the belongings to her 

and you said about girl child now with whom she is staying and what is the age of the child

in court if children are minor the custody will be mothers and if you can prove that your wife if not stable to take care of your child then there may be chances but consult a lawyer before taking any step further 


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