Mutual Divorce-How to protect our gold

655 votes

wife is entitled to get back her streedhan, at the time of marriage or after that , under the Protection of Women from Domestic Violence Act even after the dissolution of the marriage.
Writing the judgement, Justice Misra said, “We are of the considered opinion that as long as the status of the aggrieved person remains and streedhan remains in the custody of the husband, the wife can always put forth her claim under Section 12 of the 2005 PWDV Act. We are disposed to think so as the status between the parties is not severed because of the decree of dissolution of marriage. The concept of ‘continuing offence’ gets attracted from the date of deprivation of streedhan, for neither the husband nor any other family member can have any right over the streedhan and they remain the custodians.

Advocate Manish Kumar Pandey LawRato

775 votes

If the amount has already been settled and the compromise has been drawn between the parties, the question of giving the gold or any other item should not arise since the compromise should state that all pending cases, be it related to stridhan or anything else, be settled and withdrawn . What has been agreed in the compromise should be the final settlement between the parties.

LawRato LawRato

665 votes

You can only do so by adding the relevant point about the gold in your divorce petition. Or on the date of the hearing before the judge you can ask the Judge to record the statement that the gold is being kept by you and the other party has no objection.

LawRato LawRato