• Wife wants stridhan back

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.
Asked 6 years ago in Family Law
Religion: Muslim

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19 Answers

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.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

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.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Burden of proof is upon wife  to prove allegations made in complaint 

 

deny that hat gold necklace is in your possession 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

Yes, this too will be considered at Stridhan.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Yes, but without court only those article will return which are given by her parents.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

It constitutes wife stridhan 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

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.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Jewellery given to her from your side would also be constituted in her streedhan.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

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 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You need to deny the said fact of stridhan which she took home. You can prove the same through witnesses. 

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

Yes it is stridhan and you have to return it or wife can file case for same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

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. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

  1. As per the information mentioned in the present query, makes it clear that she has been demanding stridham.
  2. Let me tell you that the ornaments whether in gold or silver or otherwise are not included in the same.
  3. You can prove it by using any pictures or video wherein she has been wearing the same or with the help of some independent witness to the same fact.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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