Hi lawyers, I got married last year on Feb 4 2022 and within a year due to huge amount of problems and issues we have mutually decided to go for separation on Nullity of marriage (not Divorce). This has been mutually decided and the matter is proceeding with the consent of both parties. They have filed for nullity in court and we have provided our reply before a formal hearing near the end of this month (January 2023) However there is a small hiccup in this. During her marriage her father and her family (my in-laws) gifted us some furniture (bed, cupboard, sofa, sofa table) which is currently in my second apartment. We asked them to make arrangement to take back all such items they gifted us (since I do not want anything they gave) before we formally get the decree from court. But now they are saying, they don't want any of those items either and is asking that either I pay for the items and keep them (which I declined immediately) or we wait for them to get buyers (for furniture worth INR 4 lakhs) till which the furniture is to be kept in my apartment. This apartment was brought before the wedding and is in the name of myself and my mother. Request to kindly help me out with the following queries: 1. Since I do not want their gifted property in my apartment is there any legal way to make them collect it or at least remove the same from my apartment? if yes what's the process? 2. Is there any legal provision in which I can provide them with formal notice to clear their property from my apartment post which I can simply remove their property from my premises? Can this be done? 3. In case the above 2 may be done, should I go ahead with either of the processes prior to obtaining the nullity decree or post the same? 4. What can be the repercussions if Nullity decree has been provided by court where in it is written in our reply that streedhan has been collected by them (and they didn't contest or challenge the same yet) but then later they raise the issue that they have not been given back their property yet? I feel this family can do that too. 5. They want us to cooperate with them till they get a buyer for the furniture. This includes opening up the apartment to showcase the furniture whenever they get a prospective buyer. Can we legally refuse that and ask them make their own arrangements? 6. They are of the opinion that since we are still legally married, my apartment (brought before marriage and only in my and my mother's name), my wife is legally entitled to the apartment and can use it however she wants till we get a court decree. Is this valid or can this be contested? Thanks a lot
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1) prepare list of furniture and send them an email / letter by speed post AD to collect the same from your apartment
2) if no reply is received the furniture to their residence through packers and movers
3) prior to decree being passed deliver the furniture to their residence
4) let them find a buyer after delivery of furniture to their residence
5) wife has right to stay in apartment standing in your name
1. Since the said proceeding for separation is still pending before the court , then you can move an application before the court for directing her to take her belongings from your said apartment
- Further, you can also send a legal notice to her for collecting her items , and if not ready then you can send all the items with a list of the same to her.
2. Yes , issue a legal notice to take her items which is lying in your apartment , as after the divorce there no relation will left as husband and wife.
3. You should take step to remove the items during the proceedings, so that you can inform the court that nothing is left with you and all the dowry items dully received by her.
4. Take step which mentioned in earlier reply
5. You can give her time for searching a buyer for the same , however it should be done before passing the order of the court
6. As per law , she is not having any right to claim over your self acquired property during your life time , but she is having her right to residence before the matrimonial tie ended.
1. Until the court is not passing any order annulling your marriage she will remain as your legally wedded wife, hence you may have to wait until the court disposing the case as prayed for. Therefore you cannot take any legal action to send back her stuff to her for any reason. She is entitled to residential rights till such time she remains your legally wedded wife, therefore you can wait until the court passes the judgment in your favor in the present annulment case.
2. After the court is passing the decree annulling your marriage with her, you can issue a legal notice to her asking her to take back her items lying at your house within a time stipulated therein lest the items will be kept on the streets on the date after the expiration of the time given to her.
3. Wait for the court to dispose the case in your favor, do not take any hasty decision or they may file a dowry harassment criminal case.
4. The legal notice what you are suggested to send after the decree of annulment passed by court will come to you rescue in the event of such a circumstance.
5. You have to cooperate until the court is disposing the case or the entire scenario will be changed and the annulment case also may jeopardized.
6. It is very much valid, you may visit my first answer above,
You can contest it if she is not a co-owner otherwise she can visit you need to contest the same in civil court
Dear client I am sorry to hear that but in this case you can file an application before the court regarding the same or try to amicably resolve the situation
1. It is a fact that she is still your wife and can stay/use your residence for residing therein.
2. It is no that she can store her assets at your place for a indefinite period.
3. If she says that those assets do not belong to her then she will have no further claim on the same,.
4. After availing the decree of nullity, you can send all those articles through a transporter and send her the transporter's documents for clearing those articles. If she does not clear the same, the transporter will return the same to you.
5. It will be an evidence that you have sent those furniture which she have refused to accept.
6. Incase you refuse to accept the same, they will first store it for some time and then sell it for recovering the cost of storing those articles with them.
