• T&C for mutual divorce

I have been living separately for 2months hut he is not taking any proceeding ahead. All he has aksed me to is take the amount spent in the wedding and my family side jewellery. I want ro understand what all can i request in the mutual divorce. I earn better than and my husband. We got married and my family gave jewellery worth 10-12lacs to them. Additionally received a lot of expensive gifts along with entire furniture. After being with me for 3 yrs. He has been cheated on me n now wants to leave me so we agreed for mutual divorce after undergoing a lot of mental harassment over three years. My overall marriage expenditure was 30-35lacs. 

Please advise can i demand back all my jewellery and selective gifts. I don’t want the furniture. Additionally i want 1Crore amount as compensation for my 3 yrs of mental turmoil and the time that i lost. Is that valid?
Asked 7 months ago in Family Law
Religion: Hindu

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12 Answers

You will not get one crore as compensation 

 

your income us mote than husband and as such not entitled to any maintenance or alimony 

 

jewellery given to you at time of marriage is your stridhan 

 

you are entitled to gifts given to you at time of marriage 

Ajay Sethi
Advocate, Mumbai
99763 Answers
8145 Consultations

Wife is entitle to every gift she has received in the wedding from both side, marriage expanses etc.

Merely because wife is earning, does not automatically operate as absolute bar for awarding maintenance...

For this you have to approach court if he does not agree to compensate you.  

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

All jewellery given by your in laws is your stridhan 

 

ask your husband what he is willing to given as alimony 

 

accept his offer and split amicably 

Ajay Sethi
Advocate, Mumbai
99763 Answers
8145 Consultations

Yes, whatever you have received is your stree dhan.  You can relocate and file cases from there. It will be more trouble some for him to appear in court. 

Without contest, you may not get much as you are entitle to legally. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

-  Section 27 of the Hindu Marriage Act , makes a female Hindu an absolute owner of Stridhan and gift received at the time of marriage. 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, your husband is under obligation to return all the stridhan which you got at the time of marriage , even that items were given by your husband family members or relative. 

- Further, even after getting mutual divorce you can lodge a complaint against him if he not returns those items.

- Further, if he is not agreed to return those items including alimony then you can refuse for the mutual divorce, and file cases against him. 

- However, his extra marital affairs can be a ground for divorce 

 

you can contact me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
15804 Answers
242 Consultations

Yes if you are a Hindu then all the jewellery gifted during marriage is your stredham

Prashant Nayak
Advocate, Mumbai
34502 Answers
248 Consultations

You can ask for return of your jewelry and reimburse the expenses for your marriage and all your valuable items held in his possession.

As far as the one crore compensation is concerned court may not interfere hence you may ask about it separately.

If he's negotiating then you can settle down for a decent amount.

T Kalaiselvan
Advocate, Vellore
89965 Answers
2490 Consultations

What You Can Request in a Mutual Divorce:

  1. Stridhan (Your Jewellery & Gifts from Your Side) – You have full legal right to claim all jewellery and valuables given to you by your family (worth ₹10–12 lakhs).

  2. Jewellery from In-Laws – If it was gifted to you, it's part of your stridhan and you can legally claim it.

  3. Monetary Compensation – You can request alimony/settlement, and asking for ₹1 crore as compensation is legally valid, though it will depend on negotiation and his financial capacity.

  4. No Claim on Furniture – You can exclude this if you don’t want it.

  5. Proof of Cheating – Strengthens your position in negotiation even in mutual divorce.

If He’s Desperate for Divorce:


You can negotiate a financial settlement package before signing the mutual consent petition. It must include:

  • Full return of stridhan,

  • A lump-sum alimony or compensation (for relocation/start-up),

  • Any additional terms (e.g., no future claims).

Do not sign any agreement or petition until all terms are documented and fulfilled.

Would you like a sample settlement clause draft?

Shubham Goyal
Advocate, Delhi
2057 Answers
14 Consultations

You can enter into a MOU with the conditions for return of your jewelry, gift items received from all the sources, and one time settlement to be paid before second motion of the mutual consent divorce.

If he agrees to the conditions you may go ahead with mutual consent divorce for dissolution of your marriage.

T Kalaiselvan
Advocate, Vellore
89965 Answers
2490 Consultations

 Dear Client ,
The Rights and Claims in Mutual Divorce under the Hindu Law
The Jewellery presented by your family at the time of your marriage is typically treated as Stridhan, so it is the wife's sole property according to Hindu law. This implies that you have the right to keep all the jewellery presented to you by your family, and that your husband cannot claim any of it in divorce under the Hindu Law. The Gifts that you receive from your in-laws are also generally considered to be Stridhan and they all also solely belong to you. You can retain such gifts unless you have specifically given them to your husband or if you are in joint ownership and the same is established. Costly gifts offered during the marriage are generally considered your personal property if they were offered to you, and you can retain those in the division of assets in the divorce.

Furniture and Other Assets
As you do not desire the furniture, you can keep it out of the mutual settlement in divorce. Property division largely hinges on contribution and ownership. If the furniture is jointly held or in the name of your husband, you can opt out of claiming it.

Financial Claims and Compensation
You may claim maintenance or alimony from your husband on the basis of your needs and his ability, particularly because you have suffered mental harassment throughout the marriage. Demanding a certain lump sum amount of ₹1 crore as damages for mental anguish and wasted time is not easy or automatic under the law.

Courts look at circumstances such as the length of marriage, mental cruelty, financial condition of both individuals, and adversity endured. You may approach through court processes for alimony or compensation, but the quantum is within the discretion of the court and proof of adversity or cruelty. As you are earning more than your husband, the court would consider this in allocating maintenance, but mental harassment and evidence of adultery can make your demand for compensation much stronger.

Property and Financial Settlements under Mutual Divorce
Section 13-B Hindu Marriage Act mutual divorce involves both parties' consent, including acceptance of financial settlements like alimony and asset division. Property held exclusively by one spouse usually stays with the spouse unless the other spouse is able to establish contribution or joint ownership. Jewellery and gifts that fall under the category of Stridhan are not divisible and stay with the wife.

Jewellery Given by In-Laws
Jewels received from your in-laws are yours (Stridhan) and you are entitled to all rights over them, even after divorce. Your husband cannot ask for it unless proved that it was given or shared jointly or gifted to him.

Practical Tips for Friendly Settlement
As your husband is seeking an amicable mutual divorce, negotiate clearly as follows:
Keep all jewellery and gifts received by you.
Leave out the furniture from the settlement if you do not wish to have it.
Negotiate reasonable alimony or compensation according to your mental harassment and economic needs.
Put all agreements on paper in the mutual divorce petition so that any future disputes can be avoided.
You may also consult a lawyer to prepare a fair settlement agreement and protect your rights while going through the divorce.

Anik Miu
Advocate, Bangalore
11009 Answers
125 Consultations

Madam, 

You have all the rights to ask for compensation and the gifts given to you by in-laws. Because the same is part of your stridhan. it is suggested that your make a diary/notes of the things to be asked/demanded, work on it and then ask/demand the same firmly. Also, be prepared to have some leverage/relaxation in your demands so that the matter be settled. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Based on the facts presented, you are entitled to seek and negotiate a comprehensive settlement in a mutual consent divorce that accounts not only for your streedhan and marital contributions but also for the emotional and mental trauma you’ve endured over the course of your marriage. Under Indian law, all jewellery, valuables, and gifts received by you before, during, and after the marriage from your family form part of your streedhan — and you have an absolute legal right to reclaim the same, including any selective gifts you may wish to exclude such as furniture. Jewellery and valuables gifted by your in-laws, unless proven to be given jointly to both spouses, also fall under your personal entitlement. In a mutual consent divorce, you may demand not just the return of streedhan but also a one-time lump sum alimony/settlement amount — in your case, you can justifiably seek Rs. 1 crore or higher, especially given the 14-year relationship, the betrayal, and the emotional suffering. While there is no strict formula under law for quantifying compensation in mutual divorce, it is entirely valid to raise such a demand, particularly when your husband is eager to dissolve the marriage swiftly and avoid litigation. You should ensure that all your terms — including return of jewellery, gifts, and financial compensation — are clearly recorded in a written Mutual Divorce Settlement Agreement to be signed before filing the joint petition under Section 13B of the Hindu Marriage Act. You may also insert a clause in the agreement that ensures the full and final settlement is executed before the second motion of divorce, to protect your interests. It is advisable that you proceed through a lawyer to ensure your legal rights are protected in the drafting and execution of the agreement. Feel free to contact us on Legal Corridor

Aman Verma
Advocate, Delhi
501 Answers

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