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Can I claim gold ornaments given by in-laws during marriage?


24-Jan-2023 (In Divorce Law)
My husband and I are living separately for more than 1 year. We are ready for mutual consent divorce. My in-laws has given gold jewellery during engagement and marriage but mother-in-law kept it with her after marriage stating that keeping safely in bank locker.I would like to know my rights on it? Will it comes under stridhan in mutual consent? nWhat if they refuse to give? And what are the implications of it?
Answers (4)

Answer #1
499 votes

In India, any jewellery gifted to a bride whether by her own family, in-laws, or husband is considered her Streedhan, which is her exclusive and absolute property under Indian law. This includes gifts received before, during, or after the marriage. The woman has the full right to possess, use, and dispose of Streedhan as she wishes. In the event of a divorce, this jewellery remains her individual property and is not treated as a shared marital asset. If the Streedhan is held by the husband or in-laws, she has the legal right to reclaim it, and they cannot legally deny her access or claim ownership over it.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
948 votes
Well, you cannot claim any Gold which was offered to you by your In Laws if you have decided to part ways with your Hubby. Law doesn't allow that and such Gold given by them cannot fall under the category of Streedhan.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRato Mumbai | 1000+ Answers
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Answer #3
770 votes
In India, ornaments gifted by in-laws to a bride during a Hindu marriage are considered to be her separate property and not a part of the matrimonial assets. As per the Hindu Marriage Act, 1955, any property acquired by either party before the marriage, or any property acquired during the marriage by inheritance or gift, is considered separate property and is not subject to division during a divorce. Therefore, in a divorce, you can claim the ornaments gifted by your in-laws as your separate property, and they will not be considered as matrimonial assets to be divided between you and your spouse. However, it is important to note that this is subject to the Indian laws and it may vary depending on the jurisdiction where the divorce case is heard. It is always advisable to consult a lawyer who can give you a better understanding of the laws and regulations in your specific case.
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Advocate Jairam Chandnani

Adv. Jairam Chandnani

LawRatoMumbai | 5+ Answers
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Answer #4
596 votes
Hello, without filing divorce proceedings and terms and conditions of settlement for mutual consent by agreeing to handover your ornaments by husband , it will be difficult for you to get ornaments. Steed ham is your legal right. Please proceed to file contested petition against your husband
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Advocate Harshad Garud

Adv. Harshad Garud

LawRatoPune | 400+ Answers
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