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Jewellary of my wife, jewellary given by parents & my jewellery
15-May-2023 (In Family Law)
i & my wife are planning for Mutual divorce due to lack of adjustment & very high expectations in relation from my wife side but just for information purpose please advice me. we are living separately since one year.
1. we have joint locker in bank in which jewellery of my wife , jewellery given my parents during marriage & my jewellery are kept. locker keys are available with my wife. Who is legally entitled for this jewellary.
2. how to prove whether this jewellary if i am entitled is in possession of my wife if later she denies it or shift jewellary in another locker.
3. if bills are not available.
Please advice.
Hello,
Firstly, I would want to know the religion of you and your wife and under which statute your marriage was solemnised.
Secondly, if you have filed a petition for divorce by mutual consent, have you stated anything about the joint account in your consent terms, or how the money or jewellery held in your joint account would be divided among yourselves? If not, you would have to make an application before the concerned Family Court for modifying the consent terms. Please speak with your wife about the division of the said jewellery and modify the consent terms to that effect. Please also note that in any kind of modification of consent terms in a petition for divorce by mutual consent, the consent of your wife would be required.
Please also note that as you are a joint holder of the account, you have an equal right to access it and if your wife fails to allow you to access the same or refuses to give you the jewellery you rightfully own, you can file an application before the concerned family court in which your divorce petition has been filed, under Order XXXIX, Rule 1 of the Code of Civil Procedure for temporary injunction to prevent your wife from disposing off the jewellery from the joint account till the disposal of the divorce petition.
Firstly, I would want to know the religion of you and your wife and under which statute your marriage was solemnised.
Secondly, if you have filed a petition for divorce by mutual consent, have you stated anything about the joint account in your consent terms, or how the money or jewellery held in your joint account would be divided among yourselves? If not, you would have to make an application before the concerned Family Court for modifying the consent terms. Please speak with your wife about the division of the said jewellery and modify the consent terms to that effect. Please also note that in any kind of modification of consent terms in a petition for divorce by mutual consent, the consent of your wife would be required.
Please also note that as you are a joint holder of the account, you have an equal right to access it and if your wife fails to allow you to access the same or refuses to give you the jewellery you rightfully own, you can file an application before the concerned family court in which your divorce petition has been filed, under Order XXXIX, Rule 1 of the Code of Civil Procedure for temporary injunction to prevent your wife from disposing off the jewellery from the joint account till the disposal of the divorce petition.
Helpful?
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Adv. Tanveer Khan
Mumbai | 25+ Answers
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the jewellery was given by your parents as well as her parents is called as the shridhan and she has the right over that, but your jewellery she must have to refund you , as decree will be passed only when both satisfy the terms and conditions, may be possible court may ask you about alimony, maintenance up to her second marriage you can stop all matters completes,but in such conditions both parties peacefully takes divorce.for the further hurdle, if you like my advice please rate me.
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Adv. Vijay Kalu Wani
Pune | 200+ Answers
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