Dear Client,
As per court, whatever received by women in her life from either sides is her stridhan. So, she is entitle to keep that also.
My wife filled false 498a case and Domestic violance case against me and my family. She requested to get back her stridhan under Domestic violance act. I am ready to return all the things of her stridhan even a spoon. But She claims gold necklace which she was given to her mother after one month of marriage and never take back it to my home. Now please guide me what should I do? i want to give her all stridhan things but how can i prove that gold nacklace she gave her mother and it was at her mother home not at my home. Please guide me.
Dear Client,
As per court, whatever received by women in her life from either sides is her stridhan. So, she is entitle to keep that also.
See you can return all the stridhan from your home and can denying having received or seen such necklace. The onus is on her to prove it was given to you.
1. The gifts she received at the time of marriage is considered to be exclusive property . So if she demands the same which are lying with you the same is to be returned to her.
2. However the articles which are not available with you then you are not bound to return the same.
3. The onus of proof lies upon your wife to prove that the necklace is with you only. So do not worry on this account.
If she is demanding something she must have proof of it and if she doesn't have any proof of it then that is a bald claim and hence not maintainable.
Regards
Deny this fact in court and if the court passes an adverse order then file an appeal.
The onus is on her, to prove that she received this gold chain as stridhan at first place. You should dispute it before the court that she never got this gold chain at first place
Burden of proof is upon wife to prove allegations made in complaint
deny that hat gold necklace is in your possession
I want to ask that Jewelry given by us (from husband side) also consider in stridhan? And i have to return to her?
The burden of proof is on your wife to prove that the said necklace was at your place. You should deny that the said necklace is in your possession or you have ever seen it. Return all the other articles with due knowledgement.
No you dont have to give things which you have given her. It belongs to you and has to be returned to you in case she has it.
Regards
You need to deny the said fact of stridhan which she took home. You can prove the same through witnesses.
You can refuse to have possession of the said chain while you indicate that you are ready and willing to return all her other articles.
She cannot do anything about it when you deny to have that.
Legally speaking whatever items given to her during the wedding or after that also, belong to her exclusively and they are called as stridhan.
A woman was not traditionally a bread earner for the family and was never expected to become one. Hence the property under ‘Stridhan’ was defined as the one which she would receive as gift from the breadwinners on different occasions. Like gifts received from parents as a girl, at the time of her wedding from parents and relatives (mostly gold ornaments), later on the birth of her offspring, or on her becoming a widow to help her run her house hold etc. Stridhan also includes property passed on to her by means of a will by her father, husband or any other family member.
Dear Client
You should give all the streedhan in court itself and give the statement regarding Gold Necklace given to her Mother and let court take the decision regarding gold necklace as you don't have any proof regarding that gold necklace.
Yes the jewelery and gift given to her by your side are also the constituents of streedhan.
Yes, stridhan include gold, silver, cash, gift, gift vouchers, property etc from parents, siblings, relatives, from husband, in-laws, guests before marriage and at the time of marriage all is called stridhan only the woman or wife has rights on it.