• Gold dispute in divorce case

Respected Lawyers,

I need suggestion in my divorce case ..iam 28 years hindu female. My husband has harassed me for my salary finance so due to that I came to my parents house last year to explain the issue to my parents .but with a a month my husband sent divorce notice to me with in a month . My parents tried to mediate but they didn't listen and sent divorce notice to me .
Currently case is on going but all my gold ornaments are in my husband house. This gold ornaments are given by my parents on marriage. I didn't even aware that he will go to extent of sending divorce notice so i didn't planned to safe my gold. Now my husband side is falsely claiming that gold is not with them and I have taken it back to my parents house .i dont have any evidence to prove that my gold is with them .is there anyway I can convince court about it and get order to return my gold. Kindly help
Asked 1 year ago in Family Law
Religion: Hindu

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9 Answers

emails , messages , call recordings would help you in making out a case

 

2) file case of dowry harassment against husband under section 498A  of IPC 

 

3) Also case under section 406 of IPC for refusal to return your gold ornaments 

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

File a petition before this Honorable District Court seeking the return of Stridhan Articles from the Respondent as per the provisions of the Hindu Marriage Act, 1955. It is humbly prayed that this Honorable Court may be pleased to issue an appropriate order directing the Respondent to return all the Stridhan Articles to the Petitioner. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file FIR against him under section 498A and 406 IPC as well as DV complaint for recovering your gold ornaments from him. He will not get Anticipatory bail till he returns you the gold ornaments 

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

You have two options before you to retrieve your ornaments;

1). to file a petition under section 27 of HMA in the same divorce petition  and pray to court to direct him to return your articles held with him in his house which will include other articles too beside gold ornaments 

or   

to lodge a criminal complaint before concerned police station to seek their help to retrieve the gold ornaments from him as per criminal law.

You can talk to your lawyer about it and take a proper decision. 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

If you are so sure that your gold ornaments are in your husband's home and your husband/in-laws are denying to return it to you, then lodge a Police complaint to get back your gold ornaments.  You have a right to be get back your Stridhan.

Shashidhar S. Sastry
Advocate, Bangalore
5115 Answers
314 Consultations

5.0 on 5.0

Hello,

  1. You need to inform the Court about the gold ornaments being kept by them and refusing to be returned despite demands from you and lying about your having returned them.
  2. Just as you do not have, they also do not have anything to prove the allegations that you had taken away the jewelry. You can produce the bills of the  gold purchased and your claim can be supported by affidavits by your parents and relatives.
  3. You can also lodge a police complaint about the husband and family having taken away the jewelry and an FIR on dowry harassment.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

Dear client,  

As per the Hindu Marriage Act, all the stridhan property including the gold ornaments given by the bride's parents belongs to the wife and should be returned to her after the dissolution of marriage. Since you have no evidence to prove that your gold is with your husband, you can file an application before the court to direct your husband to produce the said gold ornaments. You can also rely on the testimony of your parents or any other witness who can prove that the gold was given to you as a gift at the time of your marriage.

Moreover, you can also claim for maintenance and alimony from your husband in the divorce proceedings. The court will take into account the financial status of both parties and the standard of living before the breakdown of the marriage while awarding the maintenance and alimony.

It is advisable to seek the assistance of a competent lawyer who can help you in filing the application for return of your gold ornaments and can represent you in the divorce proceedings.

 

 

 

Anik Miu
Advocate, Bangalore
8872 Answers
110 Consultations

4.7 on 5.0

Sadly you can't do much....once you have received divorce notice you should have acted smartly and instantly...you should have filled Domestic Violence case and 498a IPC mentioning your gold in their possession. But once he has filed Divorce before your cases your cases you can't do much...You should ask for heavy alimony at the end.

But keep pressing the fact that gold is in their possession...make application to court to stop your in-laws from disposing the gold...you can request court for search for gold.

At last all depends on your Advocate...you should hire best  family lawyer in your area.

Ravi Panwar
Advocate, New Delhi
116 Answers

Not rated

- As per section 27 of the Hindu Marriage Act, all the ornaments are stridhan of your wife, , and this Act makes a female Hindu an absolute owner of Stridhan and gift received at the time of marriage.

- Further, if her husband or any other member of his family who are in possession of such property, dishonestly misappropriate or refuse to return the same, they may be liable to punishment for the offence of criminal breach of trust under sections 405 and 406 IPC.

- Hence, if they are not returning all the ornaments and gifts then you can lodge a compliant against them before the police and higher officials. 

- Further , if you not having any proofs of purchasing those items, even then you can file a list of items before the said court on the ground of misplacing of bills. 

- Further, if he has filed a divorce case , then you can also file an application for seeking maintenance and alimony from him , even you are a working lady. 

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

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