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depressedbyall (proprietor)     03 September 2013

Streedhan query

my wife is asking to return her complete streedhan she doesnt wants any claim maintainance property share and she is ready to sign on affidavit/stamp paper infront of five elders but she says she will not go for mcd please suggest

1. Should i return her immidiately

2 will i be considered legaly separated if i return

2.or should i wait for 2 years and go for contested divorce on grounds of desertion

3 can i obtain divorce certificate if i only have her signed stamp papers signed by her and five others elders



Learning

 6 Replies

R K........ (Analyst)     03 September 2013

You have a good chance. Get rid of such girl. Just return all her belongings and make a proper agreement on stamp paper and get her and her parents sign


(Guest)

my wife is asking to return her complete streedhan she doesnt wants any claim maintainance property share and she is ready to sign on affidavit/stamp paper infront of five elders but she says she will not go for mcd please suggest

 

1. Should i return her immidiately

 

Opinion: If she is agree to sign on MOU to proceed for MCD then it's best time to do.

 

2 will i be considered legaly separated if i return

 

Opinion: Merely returning all streedhan's doesn't legally gives you the power of permanent seperation,divorce decree is must for such enticing thought.

 

2.or should i wait for 2 years and go for contested divorce on grounds of desertion

 

Opinion: If she is is ready to sign on MOU and proceed with MCD,then tell her that only 2 times you have to take the botheration,all up and down fare you will pay,just you have to show your face to the judge that you are only the person by whom my life screwed..lol

 

If she is not agree then think for pre planned option stated by yourself.

 


3 can i obtain divorce certificate if i only have her signed stamp papers signed by her and five others elders


Opinion: BIG NO.

No divorce is granted until or unless decree is not passed.

Tajobsindia (Senior Partner )     03 September 2013

 

 

Originally posted by : mr and mrs xyz

 

XXX

1. Should i return her immediately
Take:
Stridhan is exclusive property of a wife. You are its trusty and without its demand one should have returned them back with taking basic precautions such as taking handing over  / taking over in good conditions’ with witness signature from both sides.

2 will i be considered legaly separated if i return
Take:
It will be considered as evidence to claim in future the date of separation of parties.

2.or should i wait for 2 years and go for contested divorce on grounds of desertion
Take:
If she is not ready for MCD then ‘desertion’ is one of the grounds you can opt but meanwhile you need to work on creating evidences of her desertion from bed and board too.

3 can i obtain divorce certificate if i only have her signed stamp papers signed by her and five others elders
Take:
The return of stridhan will be used as evidences in any S. 27 HMA or S. 406 IPC case and entitles you to file a case for divorce under your personal Laws based on available grounds to seek a Decree out of Divorce proceedings that is all this handing over is all about.  

Advice:
You can currently seek a ‘separation decree’ under personal Laws (Hindu) from her if she does not wish to cohabit with you post return of her stridhan and after its 1 year completion if she still refuses to cohabit with you then you becomes eligible for seeking Decree of Divorce. Consult suitable ground for divorce with an advocate hired locally via reference.

 

Samir N (General Queries) (Business)     03 September 2013

Whatever you do in Family matters, do it through Court approval or do not do it.  You would be stupid to give away anything any other way. She will come back and file new proceedings against you and you will regret later. DO NOT GIVE ANYTHING WITHOUT GETTING SOMETHING IN RETURN THROUGH COURT PROCEEDING. ALL STAMPED AGREEMENT, ELDERLY WITNESSES, ETC. ALL THAT IS BS. Only Court can grant a divorce which would be unambiguously and consistently held as legal.

TERE KO BAKRA BANANEKO SOCH RAHI HAI HO... 

2 Like

depressedbyall (proprietor)     04 September 2013

since past two years i am requesting for mcd not only to wife but all the mediators but all are in her favour no one is thinking of decree of divorce for both of us is essential on the contrary they have given me deadline of 15 days otherwise they will also now onwards will not come in middle to solve our problems i cant understand please suggest me advise i am 35yrs at present and life is almost about to finish very soon but i am still alone trying to solve matter but not know how to go in right direction only you lawyers can guide me thanks a lot to alll of you  

Sudhir Kumar, Advocate (Advocate)     07 September 2013

 understood streedhan is in your custody and you are dictating terms for the return.

 

she is willing not to claim maintenance and write agreement for the same

 

this shows how badly she was dealt with.


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