I got married in 2001 and got divorced in Jun-2011 through mutual consent. We have a daughter age 9 yrs, who stays with me. In Dec-2011 my ex-mother-in-law expired. Me and my daughter attended and did all her last rites as my daughter was very much attached to her. As per late mother-in-law's wish, my ex-father-in-law gave my daughter his wife's jewellery.
My ex-husband got remarried in 2013. As per court's order, he is suppose to pay me alimony every month, which he did regularly untill now. He is also suppose to take care of my daughter's expenses. I don't bother him for small things except her education expense.
Now, this year when I asked him to pay the fees, he replied us to sell his mother's jewellery and pay the fees, which obviously I don't want to do as it has sentiments attached.
My question is, can he force me to return the jewellery for his second wife or sell the same to substitute alimony and daughter's expense?
Asked 4 years ago in Family Law from Bangalore, Karnataka
no your husband cant force you to do so . jewellery was bequeathed to your daughter as per your mother in law wishes . there were no conditions laid down that you have to sell the same in lie of maintenance . nor can your ex husband ask you to return the same
Hi, jewellery what your daughter is received according to wishes of your mother in law and it is gift, so your ex-husband has no right to claim the jewels and if he did not pay the maintenance then you have to approach the court by way of execution as he has to follow the order of the court and if he failed to pay the education expenses of the daughter.
Absolutely not. The jewellery given by your mother-in-law to your daughter is a gift given out of love and affection. Your husband can not claim it or substitute it for alimony as decided by the court. If he refuses to pay for alimony, approach court for that.
It was given to your daughter out of love and affection by your mother in law.no body has any right to advise you to sell it for the education of daughter.for non payment of alimony amount you can it after filing execution petition in the the court t which passed order of alimony.
Advocate, New Delhi
The jewellery of your ex mother-in-law was given to your daughter by your ex father-in-law in due regard of the wish of your ex mother-in-law. This is in the nature of a gift by your ex mother-in-law to your daughter. It can neither be demanded back from your daughter nor your ex-husband can compel your daughter to sell the same and apply the proceeds thereof towards her educational expenses.
If he has been held liable by the court to pay alimony to you and also the necessary finances to your daughter then he is duty bound to comply with the order. His refusal to do so entitles you to move the court and recover the same from him.
The jewellery given by ur father in law is by way of Gift and ur ex husband can't not demand the same nor can force u to sell the same. Approach the Court immediately for maintenance as he can't stop paying unless and until u marry some other guy.
agree with experts, nothing left to add
Advocate, New Delhi