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Spouse demanding return of ornaments given on wedding as a condition
17-May-2023 (In Divorce Law)
I have to file for divorce or annulment due to incompatibility, irreconcilable differences & most importantly "non consummation of marriage" . Husband has asked to return jewellery received by me during wedding like necklace,Bangles,ring, earrings,etc.he has even inflated the value of jewellery given by 3 times. Am I supposed to return jewellery while seeking divorce? Will he return cash/dowry given & expenses made in wedding? How to contest & refute?
I have not sought any alimony as I have a decent job & also marriage lasted for less than one Year.
I am currently overseas on an assignment.
Should I file in Delhi (home town) or Bombay (spouse home town)
Can't come to India often to attend hearings.
you can file for divorce on the grounds as per marriage laws in India without returning the ornaments, jewellery and other gifts received at the time of marriage or after. it is a matter of trial as to what you may have to return.
Helpful?
26+
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Adv. Rohan Sharma
Delhi | 200+ Answers
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Hi,
Few points to be noted here:
1. You don’t want any alimony and just seek divorce
2. Husband is seeking return of jewellery at an inflated valuation
3. The dowry was sought by your husband’s side and was given by your family including incurring the wedding expenses
4. Your home town is Delhi
My suggestions (advice only after checking all angles and evidences) are:
1. File for a contested divorce petition if mutual agreement is not arrived at.
2. Delhi should be your preferred choice of family court’s jurisdiction
3. Separate filing of a complaint under Dowry Prohibition Act
4. During your stay abroad the necessary appearances can be arranged within the legal practices.
More to be discussed later if you decide to consult me.
Best regards,
Kabir Hazarika, Advocate
Delhi
Few points to be noted here:
1. You don’t want any alimony and just seek divorce
2. Husband is seeking return of jewellery at an inflated valuation
3. The dowry was sought by your husband’s side and was given by your family including incurring the wedding expenses
4. Your home town is Delhi
My suggestions (advice only after checking all angles and evidences) are:
1. File for a contested divorce petition if mutual agreement is not arrived at.
2. Delhi should be your preferred choice of family court’s jurisdiction
3. Separate filing of a complaint under Dowry Prohibition Act
4. During your stay abroad the necessary appearances can be arranged within the legal practices.
More to be discussed later if you decide to consult me.
Best regards,
Kabir Hazarika, Advocate
Delhi
Helpful?
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Adv. Kabir Hazarika
Delhi | 100+ Answers
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hello,
your not supposed to return your jewellery, because all are 'stridhan', which belongs to wife only, either gifted by in-law, or from parents or guests. 2nd by giving divorce petition you cannot get back your dowry or transacted money, it should be a separate petition. 3rd there are jurisdiction mentioned in HMA/DV where you can file, either the marriage took place, or where you reside. Incase of staying in abroad you can give power of attorney or affidavit, and it should be notarized from the same place you are staying. but all depends on Court. I would suggest you to call for discussion, ministry of external affairs involvement indeed.
your not supposed to return your jewellery, because all are 'stridhan', which belongs to wife only, either gifted by in-law, or from parents or guests. 2nd by giving divorce petition you cannot get back your dowry or transacted money, it should be a separate petition. 3rd there are jurisdiction mentioned in HMA/DV where you can file, either the marriage took place, or where you reside. Incase of staying in abroad you can give power of attorney or affidavit, and it should be notarized from the same place you are staying. but all depends on Court. I would suggest you to call for discussion, ministry of external affairs involvement indeed.
Helpful?
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Adv. Jayatee Chatterjee
Delhi | 200+ Answers
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You don’t have to return any of the gifts, jewellery and articles received by you either from your family members and friends or from your in-laws or their relatives and friends. All the things so gifted to you are your property and no one other then you have any right upon the same. Secondly, you can file for divorce in Delhi also.
Helpful?
50+
50+
Adv. Naman Gupta
Delhi | 200+ Answers
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