• Recovery of artical in 406

My wife have all the jewellery given to her at the time of marriage and i dont have any proof of it.
Now my wife filed 498a 406 on me and sec 323 on my mother with a medical .There is no serious injury in medical..
Police arrested me and my mother.
My mother got bail on the same day but i was in pc for 1 day and in jc for 3 days...
I surrenderd all her artical which i have in Police station but she is not ready to take these articals saying that her jewellery is not complete...
Now...
My question is ...what should i do...?
Can court tell me to pay her for jewellery...
And what should i do if my io demand for money for making a favourable challan...
How to proceed in case....
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1) you must be having video recordings of marriage which would show the jwellery worn by your wife at time of marriage

2) you have surrendered all jewellery in your possession

3) if your wife is claiming additional jewellery let her produce the bills to show the purchase of said jewellery

4) wife has to prove during trial that jewellery was given by her family at time of marriage

5) we do not advise paying bribe to police officers

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

when wife was taking her jewellery list of items taken by wife ought to have been reduced in writing and signed by your wife in presence of witnesses

2) you take the stand during trial that wife had taken the jewellery when she left her matrimonial home

3) let wife prove during trial that she has not taken her jwellery

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

My question is ...what should i do...?

Can court tell me to pay her for jewellery...

And what should i do if my io demand for money for making a favourable challan...

How to proceed in case....

You cannot give or pay for the jewels which she has not brought in or is in your possession.

If the matter comes before court, the court will decide the matter based on the arguments put before it by both the parties.

It will be a favorable situation for you if the matter passes on to the court from the police station so that you dont feel the pressure tactics adopted by police.

Wait for the developments and for beginning of trial in the case.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

I have photos and video of marriage showing all jewellery but problem is that all jewellery is taken by her . And i dont think that she can produce tax paid bill of jewellery even i dont have tax paid bill of that jewellery....but she is saying ki mai kuch nahi laayhi saara jewar ink pass hi h....

To some extent you have to oblige but it becomes her duty and burden on her to prove that the jewels are lying with you.

So wait for the matter to come to court where you can handle it through your advocate.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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