My wife has filed divorce under mutual agreement on August 23rd 2016, She has not demanded any alimony at the time. The hearing of the case (after 6 months of cooling period) is on 28th February 2017. Can she demand alimony at the time of hearing? Also, she has taken the mangalsutra and the gold ring that they had give me at the time of wedding as well as the ring that i gave her. Can i demand the mangalsutra at least? We got married on 30th April 2015 and living separate since 5th July 2015 - Prathamesh Vichare
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Since your wife has agreed for divorce by mutual consent and you have agreed to return the mangalsutra and gold ring under the consent terms you cannot demand mangalsutra back
2) wife would not demand alimony if it is not provided under the consent terms filed in court
we have not agreed to give the mangalsutra. She has taken it away the day she left me.
1) request her to return the Mangal sutra
2) but don't force her otherwise she may with draw her consent for divorce by mutual consent
1. In MCD proceedings either spouse can revoke his/her consent at any time before the conclusion of the second motion.
2. Under the Indian law any jewellery given to the wife at the time of or after marriage by her in-laws constitutes her streedhan of which she is the exclusive owner, so you cannot as a matter of right demand it.
Any gifts given to the bride during or after the wedding shall become her stridhan which includes mangal sutra too.
Hence the wedding ring and the mangalsutra legally belongs to her as part of her stridhan.
Hence think twice before making any demand for them.
we have not agreed to give the mangalsutra. She has taken it away the day she left me.
Mangalsutra was on her neck hence she walked off with it. However reclaiming it even before the marriage is dissolved may provoke her and the entire process of divorce may get disrupted,so better handle it with patience and wisdom.