How do i claim back my jewelry after mutual divorce?
My husband wants a mutual Divorce and has gone to the extent of filing a Police Complaint against me a few months ago. I have been married since a year and things have never been good since the beginning wherein my husband abused me physically and when my parents took me to their home, he filed a complaint against me putting false allegations.
I came back to his home after a few days. He also records most of our verbal fights on his phone. Now he wants a mutual Divorce which I am ok with but he refuses to give back my jewellery. I am not working anymore.
What should I do and what are my rights?
In a divorce by mutual consent the parties are free to decide the share in which the assets are to be divided. However, if the woman is not satisfied with what her ex-husband has given even in a mutual agreement, she can still go to court.
On separation, the wife has right to 'Stridhan' and all jointly-held investments where she has made some monetary contributions. Stridhan refers to the woman's personal wealth and encompasses all movable and immovable properties, gifts, and everything else received by her from her parents, relatives and even from her in-laws at the time of her marriage.
It can include things like cash, gift-items, jewellery, car, furniture and more. She also has a right on all gifts received after her marriage, for instance those given to her on festivals and other functions. It is beneficial if you have records of the same as, if the ex-husband refuses to part with items that come under 'Stridhan', you can back them up with relevant bills and receipts whenever needed.
For this, it's important that you make a list of all your assets and gets it signed by two witnesses so that there is no room for it to be challenged later. If the husband still refuses, and it is proven beyond doubt that he is holding assets that legally belong to the wife, he is liable for criminal prosecution.
So therefore, when the petition for mutual divorce is filed, you can specifically claim your jewellery as it is a part of stridhan. You can even claim maintenance/alimony from your husband under Section 125 of the Code of Criminal Procedure or under Protection of Women Against domestic Violence Act. Therefore, you need not worry about the your maintenance after divorce.
You can also you to register a complaint for cruelty under Section 498A of the Indian Penal Code or for domestic Violence under the Protection of Women from Domestic Violence Act or both in the Crime Against Women Cell.
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