1) it constitutes wife stredhan
2) you cannot seek to recover mangalsutra from your wife upon divorce
Recover mangalsutra upon divorce
Dear sir.. am i entitled to ask mangalsutra from her under mutual consent divorce.
Asked 7 years ago in Family Law
Religion: Hindu
8 Answers
i am 59years 7 months do i have a right to fila case against my two grown up sons even after my divorce for my lively hood
Asked 7 years ago
if you are unable to maintain your self you can seek maintenance from your 2 sons
1. For return of mangaksutra no case will lie as it's the stridhan of wife.
2. If you have no independent source of income you can file case of maintenance under section 125 crpc against any of your sons.
1. Mangalsutra, in the particular matter after availing the decree of divorce, will be treated as the asset/property/jewelry of your wife which you being her divorced the husband can not claim.
2. After the divorce the said Mangalsutra will have no religious value for both of you and will be considered as her another jewelry/asset/property/streedhan.
1. Yes, you will divorce your wife but your sons stay as your sons.
2. You can very well claim maintenance from your sons and file a case u/s125 of Cr.P.C.
Yes, you can because in mutual consent divorce if you wants a thing then you can get otherwise you have right to withdraw your consent. If there is any hard nd fast situation for you to get mangalsutra then demand it and if she is not ready for that then withdraw your consent.
If your sons have sufficient means and they are earning then you may file a maintenance case against them before family court and claim maintenance under section 125 of criminal procedure code if you are unable to maintain your self.
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am i entitled to ask mangalsutra from her under mutual consent divorce
It depends on the conditions of the mutual consent divorce.
You can demand the return of the gold piece of the mangal sutra
As per law, any gift including the mangalsutra belongs to the women as it becomes part of her stridhan
i am 59years 7 months do i have a right to fila case against my two grown up sons even after my divorce for my lively hood
You can very well file maintenance case seeking maintenance from your son provided you are not having any source of income and have to depend on them. The divorce shall not be a hinderance to this situation.