Eventhough dowry is not common in certain places, whatever the parents give to their daughter is considered as dowry. on that basis i have certain doubts:
1) Is the gold given by parents to their daughter at the time of marriage, does it belong to her husband or does it belong to her only?
2) Does husband have the authority to mortgage her ornaments?
3) if her parents reclaim those ornaments allegedly after marriage , can husband take action against those parents
4) if action can be taken, what type of action. can you pls explain
Asked 4 years ago in Family Law from Surat, Gujarat
1) it belongs to daughter only . it constitutes her streedhan
2) no husband has no authority over wife ornaments .
3)parents cannot reclaim these ornaments
4) if these ornaments are in possession of her husband wife can file complaint for recovery of her streedhan
its belong to wife being streedhan. husband has right so cant mortgage etc.you can file complaint for recovery of streedhan.
Advocate, New Delhi
1. It exclusively belongs to her,
2. No. Not at all since it is not his property,
3. Gift can not be reclaimed by the Donor. If her father reclaims the same, she has to act or react, not the husband,
4.The husband ca not take any action if his wife does not want him to do so in cases related to her ornaments.
1. It is considered as streedhan of wife only.
2. Yes but with the consent of wife only.
3. No unless wife gives consent for the same.
4. Case u/s 406 IPC lies but this only wife or with her consent her husband can do so.