Rameshji,
Adv Radhika Mehta has given you an excellent explanation. Do not fall for other explanations which may sound good now but cause a problem later.
Lata 07 March 2018
Rameshji,
Adv Radhika Mehta has given you an excellent explanation. Do not fall for other explanations which may sound good now but cause a problem later.
TGK REDDI 07 March 2018
Adv. radhika Mehtaji
I gave some clues. I hinted that Google helps.
In the same way, can you give me a clue to agree with your point that the jewellery is stridhan?
TGK REDDI 07 March 2018
Lataji
" We are not here to hurt egos." Madam! You hurted us. Though not our egos.
You're not supposed to advise Questioners to post their queries in EXPERTS, not in FORUM.
N.B.: I like the word, QUERY. I don't like the word, QUERIST. Therefore, I call, QUESTIONER.
TGK REDDI 07 March 2018
The wife may wear the jewellery and attend a function. The mother may wear it and attend another function. The sister who is on a visit may wear the jewellery and attend a function. The sister cannot take the jewellery along to her husband's house.
To become stridhan, it must be included in a list and the list must be signed by the husband and wife.
Lata 07 March 2018
We are not here to argue and drag issues. That wont change the law. I totally agree with the reply of Adv. Radhika Mehta. Court wont expect anyone to make lists everyday. That is not at all mandatory. Why do you think Modiji also gave relaxation to women during notebandi? Law regulators take everything into account and then decide. Dont drag issues here for personal egos. It is better we stick to the word of law which is in black and white and let the court decide.
Use common sense, imagine a husband romantically puts a necklace around his wife's neck on their nuptual night as in an advertisement. Do you think Court expects him to make a list of it? or click photographs? or have receipt in her name?
TGK REDDI 07 March 2018
Lataji
Please give your reliances. I gave mine. List is not my creation. It's in the law.
Adv Radhika Mehta (Advocate) 08 March 2018
Originally posted by : TGK REDDI | ||
Adv. radhika Mehtaji I gave some clues. I hinted that Google helps. In the same way, can you give me a clue to agree with your point that the jewellery is stridhan? |
Reddyji, I saw the article in Mens India referred to by you. It clearly says that a list of stridhan SHOULD be made not that if the list is not made, the jewellery gifted does not constitute stridhan. There is no law to that effect and if there is, i would be grateful to you if you would enlighten me on the same. Also you have to understand that under Hindu law, marriage is a sacrament not a contract in which the terms are to be recorded. If the practice of making lists is implemented, although the men may be saved, i feel a lot of marriages will break as this displays the lack of trust in the very beginning.
Adv Radhika Mehta (Advocate) 08 March 2018
Originally posted by : Ramesh Singh | ||
@Reddi Sir, you're diverted from the main subject 'stridhan', plz move correctly. @ Lata Mme & @ Radhika Mme, kindly explain. Or I'll prove its 'Dowry' during marriages demanded by bride and her family w.r.t. yours respond. Hope healthy discussion. |
Absolutely healthy discussion. If you can prove it to be dowry, it will be a one-off case where the girl and her family are the one demanding it. Would love to understand from you how you would go about that.
TGK REDDI 08 March 2018
Adv. Radhika Mehta ji.
You admit, list should be made. You say it nevertheless is stridhan Then what value does should carry?
There're many other articles in Google. Gifts are from parenrts, parents-in-law, strangers, friends etc etc but never from husband.
Will Section 2 (b) of The Dowry Prohibition ( Maintenance of Lists of Presents to Bride and Bridegroom ) Rules, 1985 be relevant for both of us?
I'm, however, happy with the discussion whether I'm right or wrong. My knowledge surely grows.
Regards.
Adv Radhika Mehta (Advocate) 08 March 2018
Originally posted by : TGK REDDI | ||
Adv. Radhika Mehta ji. You admit, list should be made. You say it nevertheless is stridhan Then what value does should carry? There're many other articles in Google. Gifts are from parenrts, parents-in-law, strangers, friends etc etc but never from husband. Will Section 2 (b) of The Dowry Prohibition ( Maintenance of Lists of Presents to Bride and Bridegroom ) Rules, 1985 be relevant for both of us? I'm, however, happy with the discussion whether I'm right or wrong. My knowledge surely grows. Regards. |
I never admitted list should be made. I said the article mentioned that list should be made. I, however, agree with you that knowledge is growing, irespective of who is right or wrong, like i learned about the Section mentioned by you therein.
Adv Radhika Mehta (Advocate) 08 March 2018
Originally posted by : Ramesh Singh | ||
Can someone complete the discussion so that it can be close successfully, @ Reddi Sir, @ Radhika Mme, @ Lata Mme & Author (Mr. Suresh)? |
I think its better if you and Reddiji complete the discussion as the both of you have a very different take and perspective on the situation which is very enlightening and informing. Im happy to take a back seat.
so finally what is that you people have concluded ?
wife forced to marry against her wishes, but she( along with her family members) made the poor husband to buy house and jewellery. now wife escaped from the house claiming domestic violence and staying with her lover and she is earning. so when wife files any case on husband can the wife claim the jewellery ? wife not paying EMI for the house even though working and earning. husband is the only one paying EMI.
if any advocate is interested to take up the case in Hyderabad ( Miyapur ) pls let me know.
Rishi kumar 09 March 2018
Hi Suresh,
once you enter the realms of the court hall, claiming back your jewellery is going to be the last thing in your mind. How much is the jewellery worth? You have more important things to worry about. First find out whether she is in a hurry to settle down with her lover. Collect solid evidence of the same. Not oral or as generally they say " from reliable sources." Get documentary evidence. If you harp on jewellery your losses are going to be much more. Initially find out whether wife in interested in going away amicably. If not she may file a package against you and you will spend a fortune on AB. Then she will ask for maintenance. Court will sanction depending upon your earning capacity. She will of course file your salary statements. If you are not in a position to show a decreased income, you are doomed. She will get 1/3 or 1/5. Proving that the marriage was forced upon her is not a good option simply because it is not possible.so here, you try your best to collect documentary evidence of her living with her boyfriend discreetly. Forget about jewellery for a while. Concentrate on other things. Women even steal mom- in- law's jewellery and claim that her stridhan is with mother in law. So. No escape here. Any way justice will be delayed, be smart and make sure that it is not denied altogether. Try to prove her adulterous nature and prove that she is living with her boyfriend. This will free you from paying maintenance to the adulterous wife. You are here in this forum already . Fight your case in the language of the court by not being sentimental. Good luck.
Adv Radhika Mehta (Advocate) 09 March 2018
Originally posted by : suresh | ||
so finally what is that you people have concluded ? wife forced to marry against her wishes, but she( along with her family members) made the poor husband to buy house and jewellery. now wife escaped from the house claiming domestic violence and staying with her lover and she is earning. so when wife files any case on husband can the wife claim the jewellery ? wife not paying EMI for the house even though working and earning. husband is the only one paying EMI. if any advocate is interested to take up the case in Hyderabad ( Miyapur ) pls let me know. |
As rightly advised by Mr. Rishi, you ought not to focus on the jewellery but rather on the adulterous relationships of your wife. Collect concrete evidence to show her extra-marital relationships and you can get her to the table and dictate your terms, including the return of your jewellery.
As far as the house and EMI is concerned, you have mentioned that she left the house. If you are unable to pay the EMIs you can discontinue paying the same.
TGK REDDI 09 March 2018
I was out for 36 hours.
Just now I've stepped into my house.
Law cited in my previous post says list must be made.
I made one another point in my previous post. Gifts can never be from husband. All laws avoid husband. Obviously wife is also excluded.
This point hasn't been touched on by any EXPERT or MEMBER.
I raised the point whether Advocates are always wiser than non-advocates. Lataji retorted: Are all non-advocates wisr than Advocates? No scope for the retort. She advised the Questioner not to post his queries in FORUM.
If she so disapproves FORUM, she shouldn't have opened the Section.