• Distribution of streedhan

I got married 14 month back and living separately from 10 month and want divorce now my wife and her family agreed for mutual divorce but they are insisting to exchange gold and all valuables having with us n her before filing divorve and iam worried that they wont file divorce once they get gold from me. Iam ready to give a single penny also but afer getting final divorce. So pls guide me what can be done legally. And is there alimony valid in my case as we are seperated from 10 months and dont have any kids.
Pls suggest me the legal process for this
Asked 4 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

There is no harm in returning wife stridhan before filing of petition fir divorce by mutual consent

2) prepare list of her stridhan

3) obtain acknowledgment of receipt of stridhan in presence of 2 witnesses

4) you will have to pay wife alimony

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Sir legally she is entitled to all gold and stridhan even you deny her to give she can file IPC 406 complaint and can take gold with the police help so it is better to prepare a mutual divorce agreement and then exchange same further since mutual divorce alimony will be decided by you though if wife is not earning she can claim same through court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Stridhan HD exclusive property of the lady which includes any gift at the time of marriage and due to marriage given by any party or any person including the husband you need to return the items you have taken from them but you cannot force her to give all the items that you has gifted her during and after the marriage.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

woman can always seek her 'stridhan' back from her husband and his family members even if the marriage has not been dissolved by a judicial decree of divorce..

When a couple gets divorced by mutual consent, the decision on whether any alimony/maintenance is to be paid by either party is a matter of agreement between them.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Hello,

You can make a divorce petition and thereafter ask them to file the same and present first motion of divorce.

And return the goods to them after the first motion, in case you do not return then they can withdraw the consent and if they do not appear then a case of contempt can be filed on them.

Mutual consent totally depends on the mutual consent of the parties, you want to be give alimony or not depends on her demand etc.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

Before filling MCD, delievery of articles not advisable. Better include the term in MCD that at the time of 2nd motion , all articles shall be exchanged and after she back step , case of contempt.

Living separatly has nothing to do with alimony.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

No this is not true she can ask for alimony.

If she agrees to take back the stridhan at the time of second motion then that is legal.

Mutual consent largely depends on the conditions agreeable to you.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir there is no such rule of applicability of alimony after the 7 years it would be applicable since see is legally wedded wife and secondly see if there is agreement that shall protect but the wife can claim her streedhan prior to that also.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No such rule, wife entitle to alimony from the day of marriage if dispute arise from husband side. Duration of marriage is no rule except inference of dowry death if wife died within 7 years.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Stridhan is wife property

2) You cannot day that you would return her stridhan only at time of second motion

3) wife can seek alimony from you

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Hi,

You may enter into joint agreement for exchange of all the items and getting of proper receipt. This agreement and receipt can be submitted to court along with petition. Keep conditions to return items after first motion and before second motion.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Whether you give it afterwards or now it will not make any difference because they are her items/articles, over which you do not have any rights.

Instead you agree to give away all hr items in parts, i.e., first half during the first motion and the balance at the time of second motion.

You have decided to part ways with her hence you better arrive at an amicable solution instead of stretching the issue without any valid reason.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

So its legal if i say that at the time of second motion we ll exchange the articles, one more thing sir i heard that alimony is valid only after 7 yrs of marriage. We married just 14 months back so alimony clause ll not be applicable in this matter only she can ask for maintanace till her marriage is this true.

Whether maintenance or alimony, she is entitled for it after divorce till the time she remarries or her death.

You can get into a MOU about the future alimony aspects now itself.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Dear Sir

In mutual divorce you resist about payment of alimony. Wait for sometime. Let her become frustrate. You will get Mutual Divorce without alimony if you take guidance of experienced lawyer.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer