Exchange of marriage articles
Karan
(Querist) 07 June 2020
This query is : Resolved
My wife eloped with her lover along with my 2 year old kid from her maternal home about 2weeks ago. They both reappeared yesterday and the police released them as they were in consensus of affair before 3 years of marriage. Now She is not living with her parents.
I wanted to return the marriage articles to my father in law and he is also willing to return my gold ornaments.
1. What is the legal method to exchange these marriage articles
2. Apparently my wife is not willing to sign any MOU of exchange of articles
3.How do I proceed exchanging the articles in absence of my wife
4. How to ensure my wife does not claim these again from me
Thanks in advance Experts
Raj Kumar Makkad
(Expert) 07 June 2020
As the entire articles under your custody given by your side or your inlaws family side are Istri-dhan means belonging exclusively to your wife so it shall be very dangerous to return all those articles without her signature on any MOU. You should press upon your father-in-law to convince your life to have mutual consent divorce so that the issue may be settled for ever.
Rajendra K Goyal
(Expert) 07 June 2020
You said:
I wanted to return the marriage articles to my father in law and he is also willing to return my gold ornaments.
Reply:
Articles and gold ornaments are property of your wife, you can proceed with the process at the time of divorce / mutual consent divorce.
You said:
1. What is the legal method to exchange these marriage articles
Reply:
Articles can be exchanged on acknowledgement before the witness.
Rajendra K Goyal
(Expert) 07 June 2020
You said:
2. Apparently my wife is not willing to sign any MOU of exchange of articles
Reply:
These are Stridhan, her acknowledgement is necessary.
You said:
3.How do I proceed exchanging the articles in absence of my wife
You said:
Reply:
Avoid till she agree and approach.
Rajendra K Goyal
(Expert) 07 June 2020
You said:
4. How to ensure my wife does not claim these again from me
Reply:
By taking her signatures on acknowledgement.
Rajendra K Goyal
(Expert) 07 June 2020
Related legal provisions:
Section 494. Marrying again during lifetime of husband or wife. — Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Hindu Marriage Act, 1955 Section 17. Punishment of bigamy.—Any marriage between two Hindus (including Buddhist, Jaina or Sikh) solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code
Rajendra K Goyal
(Expert) 07 June 2020
It is supposed you are Hindu.
You can lodge police complaint against your wife u/s 494 IPC. If they have married, proceed to get the marriage as void.
May proceed with divorce on this ground.
Sudhir Kumar, Advocate
(Expert) 08 June 2020
what do you mean "my gold".. whole gold belongs to the lady and she alone can decide not to claim this.
P. Venu
(Expert) 08 June 2020
Yes, the gold articles belong to her even if given by you or your parents/relatives.
In fact, your priority ought to be in getting divorce, preferably, by mutual consent in view of the provisions of Section 112 of the Evidence Act:
"112. Birth during marriage, conclusive proof of legitimacy.—The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten"
Rajendra K Goyal
(Expert) 08 June 2020
After marriage the gold given to wife from either side would belong to wife and not to husband.
Raj Kumar Makkad
(Expert) 08 June 2020
Istridhana itself implies that the said dhan means property belongs to Istri means wife.
Raj Kumar Makkad
(Expert) 08 June 2020
Handing over the property of someone under your trust/custody to third person may be in the presence of the witnesses is itself an illegal act and its consequences are contained in lodging of FIR under section 406 IPC so better to avoid this bitter situation.
Raj Kumar Makkad
(Expert) 08 June 2020
If your wife is not ready to sign any document then you may also try for the divorce on the ground of adultery.
Raj Kumar Makkad
(Expert) 08 June 2020
You are required to file a petition under section 13(1) (ia) of Hindu Marriage Act before the family court seeking a decree of divorce on the ground of the adultery as well other grounds available to you.
Raj Kumar Makkad
(Expert) 08 June 2020
You need to engage a local lawyer dealing with such matters at the earliest.
Rajendra K Goyal
(Expert) 08 June 2020
You should lodge FIR against your wife and her second husband before shae takes any such step or do not agree for Mutual Consent divorce.
Dr J C Vashista
(Expert) 09 June 2020
She did not marry with her paramour, hence provisions of section 494 IPC (Bigamy) do not attract in the instant case/circumstances, I respectfully differ with expert Mr. Rajendra K Goyal.
She has extra-marital affair / in adultary with some person other than her husband/ spouse and you have sufficient evidence to prove, it is a ground for divorce.
Dr J C Vashista
(Expert) 09 June 2020
Presently you are required to prepare an inventory of all the articles of stridhan gifted by her parents, in-laws and relatives, segregate all of them and submit the list to local police with an application to register a complaint explaining your intention to return.
Dr J C Vashista
(Expert) 09 June 2020
As advised by experts I endorse the option to call for a "Panchayat" form both sides and submit the list of articles constituting stridhan stating that you are willing to hand them over to your wife or in-laws in presence of witnesses from both parties.
Dr J C Vashista
(Expert) 09 June 2020
As advised by experts I endorse the option to call for a "Panchayat" form both sides and submit the list of articles constituting stridhan stating that you are willing to hand them over to your wife or in-laws in presence of witnesses from both parties.
Rajendra K Goyal
(Expert) 09 June 2020
Agree with the proposal of Panchayat. Instead of exchanging articles, Panchayat should pressurize for Mutual Consent divorce.
Raj Kumar Makkad
(Expert) 09 June 2020
FIR cannot be lodged in the given case. Section 494 IPC has no application.
Raj Kumar Makkad
(Expert) 09 June 2020
Panchayat cannot substitute the true owner of the property. Istridhan without having any demand from the wife cannot be entrusted to Panchayat. Punjab & Haryana Hgh Court taking sue-moto action against such Panchayat got lodged FIR against them and they were punished accordingly.
Has Panchayat such power under any law to decide the issues of entrustment of the property without the consent of its true owner????
