• Should I return stridhan (jewelry and money) before filing mutual consent divorce?

My in-laws are asking for all the jewelry , clothes and money(given to me in a/c) out of court and denying to file to Mutual Consent Divorce. They are ready to give us the receipt of all the things in front of a lawyer. They are saying they will file the MCD later. I'm asking them to file MCD and take your streedhan at that time only.
1.- Can they file dowry case against me, as they have transferred 5 lacs in my account before marriage? 
2.- In case I return, is notarized stamp paper acceptable in court at the time of divorce or they can ask the same again?
3.-If money will be returned to them, are they liable to ask more money in terms of alimony? How should I deal with this?
4.-Is there any chance of 406 and 498 in this matter? How should I deal with this?
5.- can we write in the agreement that they will not ask any alimony after this even in MCD? Will court accept this?
Asked 4 years ago in Family Law
Religion: Hindu

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24 Answers

1. Yes, since transfer of 5 lacs in your a/c is documented.

2. For now, after returning them all the stridhan, you can ask them to sign an undertaking furnishing that they have already received all the receivables and they will not claim the same from you in future.

3. they can, because the mutual consent divorce terms are still not finalised. Better that you strike a final deal with them so that you avoid the risk of facing their unreasonable demands now and then in lieu of divorce.

4. If they are ready for MCD, you should get it specifically in the consent terms that they will not file any case against you in future, including 406 and 498a.

5. No, not advisable. Instead of entering into this agreement, finalise the consent terms of the the MCD only.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Client,

Refusal to return Stridhan, case will file, at least by way of returning her things and money, you will be safe from false allegation of dowry demand. But take their request in written that they want to get separated and dissolve marriage and wants all gifts.

Plain paper is enough attested by two independent witness or recording with note everything returned.

Alimony is later thing, If girl is wiling for divorce without reason, not entitle to alimony. earning wife too not entitle.

Chances if things not returned.

Not acceptable in court,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Without a written acknowledgement do not handover any articles as once you do they can still file case u/s 498A, 406 IPC. Even without proof of 5 lac transfer they could have filed such case.

2. Yes, a written acknowledgement is enough even without notarisation.

3. Settlement f alimony would depend on negotiation. She is entitled to monthly maintenance is she is unemployed. So if MCD is happening then you will have to pay her lupmsum which both of you can negotiate and settle.

4. No one can predict their line of though. They can file anyway.

5. In the MCD you can include clause of relinquishment of her future maintenance.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. They can certainly file a dowry harassment case against you u/s498A of IPC submitting evidence that you have already collected dowry of Rs.5 lakhs from them.

2. You should net transfer the said amount to the account from where it was sent to you with interest at bank rate before any case is leveled against you claiming that the said amount was taken on loan which has been returned with interest to them.

3. You are not supposed to take money from hem as dowry or in any form and returning the same does not absolve you from your liability to pay alimony/maintenance to your wife.

4. There is every chance of her lodging police complaint u/s498A and 406 based on which the police might lodge FIR against you and in that case, you shall have to avail anticipatory bail after returning the Streedhan to her and contest the case fittingly.

5. Yes, in the MCD petition, the clause that her Streedhan has been returned to her and one time alimony as asked and agreed by your wife has been paid for which she will not ask for any further amount towards alimony in future should be mentioned in the said MCD petition.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

hello

your inlaws are pressurising you to return to them everything so that they can do whatever they want. do not under any circumstances return anything. they may file these cases even after you return them as they have the proof that you took these things and the cash.

therefore, file an MCD and then on the 2nd motion return the valuables.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

1. Yes they can file a dowry case and also a case under 406 ipc for stridhan,

2. If agreement or MOU is signed then it is acceptable in the court.

3. See if that amount is returned as stridhan then they can ask more alimony further if returned as settlement then you can contest alimony further the 5 lakh can be shown as shared expense in the marriage.

4. See best is to settle mutually as they can file false case and then you to contest and get over it. it will consume time and resources.

5. yes a MOU can be prepared where in she can agree she will not ask alimony at time of filing MCD or divorcee.

Yes court shall accept same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

As you both have agreed for mutual consent better would be to ask your lawyer to draft a deed of settlement incorporating all the terms of settlement for mutual divorce. Make it part of mutual consent petition and file in court to become part of judicial record. And also put therein that in case she backs out after first payment and or second payment you will legally recover the same at her costs.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. Yes they can file a case on this ground.

2. yes you get a sign from them infront of witness that they have taken the stridhan etc.

3. Yes then can ask for alimony

4. They may file false case, you can only deal with it after the same has been filed.

5. Yes you can write in the affidavit.

Rather you may prepare the MCD petition, get the same signed and notarized and file the same later. It is however advised that you file the MCD immediately after agreeing to the terms of the settlement.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) dowry harassment case can be filed as Rs 5 lakhs transferred in your account

2) no need for stamp paper

3) prepare list of stridhan obtain her signature in presence of 2 witnesses

4) wife is entitled to alimony in event of divorce

5) even if wife gives in writing that she does not want alimony she can always claim it later

6) if case filed under section 498A abd 406 apply for and obtain Anticipatory bail from sessions court

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1.- Can they file dowry case against me, as they have transferred 5 lacs in my account before marriage?

Answer: Yes they can file dowry case. Since they transferred the amount in your account, it is always on record. Try to return the same and take it in cash;

2.- In case I return, is notarized stamp paper acceptable in court at the time of divorce or they can ask the same again?

Answer: If you decide to return the stridhan then make sure you write the same on a stamp paper and both the parties sign it. This can be accepted by the court;

3.-If money will be returned to them, are they liable to ask more money in terms of alimony? How should I deal with this?

Answer: They are definitely going to ask for the alimony. Make sure you tell the court you have debts and loans and therefore you cannot give heavy maintenance and can settle for less amount;

4.-Is there any chance of 406 and 498 in this matter? How should I deal with this?

Answer: The charges can be framed. The other side has full liberty to file those cases;

5.- can we write in the agreement that they will not ask any alimony after this even in MCD? Will court accept this?

Answer: Yes you must engage services of a lawyer and draft a very accurate MCD. So that injustice will not be done to you.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Stridhan belongs to wife and nobody can ask that back from her. Its her absolute property.

They can file dowry on the basis of transfer in your account but they will also be punished for giving dowry.

They can ask alimony. Because stridhan is different than alimony.

She can file 498a against you to get maintenance and more alimony as well as to harass you.

Alimony cannot be replaced by stridhan. So court will not accept it.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Firslty, now after the recent judgement of the Supreme Court it is not as easy as it was earlier to file dowry case against anyone, first it has to be inquired.

Secondly, if you go for stamp paper agreement even then also there may be chances that they would deny their signature upon it, or would say you force them to do the same.

Thirdly, please return money befor the court only otherwise later on they would demand for alimony for sure.

Fourhtly, court only accepts if the same has been accepted before the court by the parties.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:-

1.- Can they file dowry case against me, as they have transferred 5 lacs in my account before marriage?

Opinion:- yes, they can but no need to worry you will not arrest without giving opportunity of hearing or you can get anticipatory bail by session court or High Court.

2.- In case I return, is notarized stamp paper acceptable in court at the time of divorce or they can ask the same again?

Opinion:- No, because that documents will be executed outside the court than it is completely depend on court to accept or not.

They have to file divorce first than only you should return her stridhan or other items money etc. Not before that.

3.-If money will be returned to them, are they liable to ask more money in terms of alimony? How should I deal with this?

Opinion:- yes, she can claim alimony or maintenance, if she is unable to maintain but if there is any mutual consent divorce than she cannot claim any alimony later on.

4.-Is there any chance of 406 and 498 in this matter? How should I deal with this?

Opinion:- immediately send some information Cum complaint only for record and not for any action and mention all your apprehension and mention all atrocities committed by opposite party.

Those information Cum complaint will help you.

5.- can we write in the agreement that they will not ask any alimony after this even in MCD? Will court accept this?

Opinion:- yes in MCD the court will accept this point.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1. This is a solid evidence for the dowry given, hence there are chances for that if you dont agree for their compromise invitation.\

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2. The acknowledgment given by them duly witnesses by someone from their end will be a proper document to prove before court for having returned their items.

3. Alimony is a different subject to that of their amount being returned to them.

In an agreement for mutual consent divorce you may discuss all these aspects and reduce to writing about the consensus arrived thereon.

4. If you adamantly refuse to return their articles, the sections referred by you may be charged through a police complaint.

5. The court's decision is different to the agreement entered between you both.

They may express before court that this was forced on them hence not acceptable and they may seek maintenance, which court has to analyse as per law after hearing both the sides.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

1. It is necessary, and if you two agree then you may write the fact that you two are living separately.

2. Yes the judge will ask.

3. Yes they may change their terms.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. The period of separation should be one year or more preceding the date of filing the MCD petition.

2. Just mentioning in the petition that you both are living separately for more than one year will be sufficient.

3. No one can predict what runs in someone's mind.

It is their decision and right to think in any manner that they may feel better.

If you do not agree for terms then dont sign the petition for MCD, let them file a contested divorce which can be challenged on merits.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Hello

You have to put forth this fact that you both were living separately for a period of 1 year before seeking mcd. You have to state in the affidavit that you were living separately for a period of 1 year.

They can go back on their promise and refuse mcd.

They cannot arbitrarily ask for anything because the court would see your paying capacity her status...etc.

Regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

You can stay in same house but not as husband and wife

2) judge does ask parties whether living separately for one year or not

3) don’t make any false statement on oath

4) presence of both parties are necessary at time of first and second motion

5)if your spouse does not appear court can dismiss your petition

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

You can in MCD petition write that you are simple staying away from.each other, yes it is necessary.

2. You can write in MCD and if asked by judge both can decide a date or month that from.which you are leaving separately you don't need to present proof of same.

3. Sir there won't be any hard core checking of 1 year in petition you can write that after.1 .4 year of marriage you started leaving separately. If mou is made in-laws won't be able to change terms of MCD.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. 498A can be filed at anytime after marriage. Transfer of money from bride or her family members to the account of groom or his family members before marriage is seen as fulfillment of demand of dowry.

2. No notarization is separately required. In the draft of MCD petition itself it can be mentioned that amount is being paid. You do not have to mention that amount is being returned, just mention that amount is being paid.

3. If 498A is filed then apply for anticipatory bail.

4. In MCD the spouses have the liberty to agree to any terms.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. A statement may be made in the MCD petition that there has been separation for the past 1 year.

2. The courts do inquire if the spouses are living separately.

3. If petition is drafted meticulously then court will never tell you that a year of separation is not complete.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Separation of one year for filing MCD is mandatory, it is depend on the parties to show separation.

Separation can be presume even if they are living under one roof.

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1.& 2. If both of you mention that you are living separately for more than one year then the Court will not further investigate in to the matter. One can stay separated from the other staying in the same building/house also and the law does not demand a separate postal address. However, staying separately for at least one year is mandatory.

2. Yes, your wife might refuse to appear on the day of the second motion after 6 months or might appear and submit petition to withdraw her consent for the MCD for which the settlement amount agreed should be paid at the Court before the Judge after she affirms her consent for the MCD by appearing before the Court on the final day of the motion. You shall have nothing to counter in the court if she withdraws her consent for which she won't have to show any reason.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

By mere mentioning in the MCD petition is sufficient.

No, all will be mention in petition from which date and due to what reason living separate.

They can move back from MCD but asking more money will be contempt of court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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