rajiv_lodha (zz) 08 September 2012

Wedding gifts

I am fighting divorce case against 498a wife. Though 498a+406 complaint died in CAW cell n no FIR was launched. But in DV, i have to prepare accordingly.

I have denied in WS that any dowry/gold ever was demanded by me or received by me in marriage. But everybody knows that ring n chain are the customary gifts a husband receives in marriage. Girl side may show PHOTOGRAPHS also which show my FIL giving me chain n ring etc.

If I admit in cross that these WERE CUSTOMRY GOLD GIFTS.......... NOT DOWRY..& I ADMIT THAT I RECEIVED THESE, it wil attract unwanted trouble.

O'wise what is the right solution, coz most of the times we deny at every possible platform that no dowry/ gold was ever demaned or received from girls parents. What if some photographs come in ur way?? OR some relative gives evidence that it was given in my presence?

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10 Replies

Bharatkumar (ADVOCATE ) 08 September 2012

U receive a all gift and give all photograph and make a document that all gifts and articles are receive by other side.

rajiv_lodha (zz) 09 September 2012

Sorry dear!

Cud not interpret what u want to suggest for such a husband.
Thanx in anticipation if anybody clarifies

HK_Jain... (498a Fighter) 11 September 2012

you should stick on your ws filled earlier saying that no any dowry/gold ever was demanded by me or received by me in marriage however they gift me ring and chain in the ceremony as thier freewill.

The moot point here are the gifts and second is freewill

rajiv_lodha (zz) 12 September 2012

Thanx dear, but if they ask in cross "is it true that u got gold chain n ring in ur wedding from ur FIL". If I deny & later on they produce the photographs of the same?

HK_Jain... (498a Fighter) 12 September 2012

Rajiv

I don't think why you want to deny that you have recieved gold chain and ring.

Stick on the facts that yes it was gifted as freewill and customs of arranged marriage.

You can also add if you want "Later after the marrage my ex used to take care of all the jewellary in her custody and I never interfere this attitude of her due to sake of save the matrimony and when she left matrimony home she run away all the articles wheather it is STRIDHAN or the gifted items which I was blessed with in marriage ."

Regards

Hemant

hkjain47@gmail.com

rajiv_lodha (zz) 22 September 2012

Agreed, Jain Sir!

But u may understand why such a husband prefers to deny accepting any such gold gift from girl side in marriage

* It leads to endorsing their claim that other items were also given, he has agreed to two of them........bla bla. It becomes very loose ground convincing the judge that THIS WAS ALL WITHOUT DEMAND, SHE TOOK THESE BACK, I HAVE NONE OF HERE STREEDHAN WITH ME etc etc.

* In cross, opp lawyer asks pin point question as I have mentioned. Usually accused is not free to dictate long reply to his brief n pin-point question..............its like admission/denial.

So still i think he shud deny altogather to be on safe side.

I want to ask specific query from experienced members that if u deny accepting such gold customary gifts in ur cross & they produce photographs, what escape route lies for him.........................as I believe there must be one or some of them, thanx to gr8 indian laws!

stanley (Freedom) 22 September 2012

you can very well reply as part of our Religious customs chain and ring was given .Normally in catholic's I dont know about Hindus rings are blessed and exchanged without which the marriage does not take place .Hence this cannot be considered as dowry .

rajiv_lodha (zz) 22 September 2012

It was a hindu marriage :-( If photographs can be countered in some manner, why to act as AA BAEL MUJHE MAAR!

HK_Jain... (498a Fighter) 23 September 2012

Rajiv brush up the definition of STRIDHAN. ring and chain is not stridhan its your gift gives while ceremony/ring exchanged as per Custom.Its not a dowry..

rajiv_lodha (zz) 23 September 2012

Sorry!

My point is stil not clear to members. I may try to put into other words:

While u admit to a pinpoint question in cross that YES I GOT RING N CHAIN IN OUR MARRIAGE.......................r u not opening a pandora box with 498a+406 hues. Wont it be better to deny each n everything in a simple way ME N MY FAMILY NEITHER DEMANEDE NOR GOT ANY GOLD IN THIS MARRIAGE.

My only concern is SHUD ONE FEAR FROM THE MARRIAGE PHOTOGRAPHS SHOWING ACCEPTENCE OF GOLD IN MARRIAGE

There is some effective escape from these photographs