Claim of jewellery
Mr RKS
(Querist) 04 October 2020
This query is : Resolved
Hi
I would like to take legal advice on how to get back the jewellery, worth lakhs, being held by my wife. The said jewellery was not given before, on, after marriage by neither my parents or her parents nor by any of our relatives.
They are those that we as couple had bought, for self use and as investment. They had been bought from my taxable income and I have original bills on my name to prove. There has been no contribution from anyone else.
Our 2 children, both sons are grown ups, aged 30 and 28 resp. and my wife is also working in an IT company. I am working as a part time consultant.
My estranged wife has taken them and is holding them without informing me. There is still no talk of divorce we might get back together in future.
I just want to get the said jewellery back. What options do I have?
If things don't work out, I may need further advice on the settlement of other properties, including 3 BHK terrace apartment in Pune.
I could be contacted on the number provided.
Isaac Gabriel
(Expert) 04 October 2020
Since you hope reunion in future,move through relatives first.Initiating legal action may.go adverse sinse she is in possession of everything.
Sudhir Kumar, Advocate
(Expert) 05 October 2020
Whether re-union or divorce. You have to forget the said jewellery. It does not matter from when/when it was purchased. It is her absolute property.
On the contrary if it is proved that the jewellery is held by you you are liable u/s 406 of IPC (non-bailable)
Dr J C Vashista
(Expert) 05 October 2020
@ Mr. RKS,
No legal issue is involved in the facts posted by you since you have stated to have purchased jewelry, which is (generally) for use by your wife out of love and affection, other than investment, which forms exclusive part of her dowry (stridhan), if you plan/decide to depart by way of divorce.
Dr J C Vashista
(Expert) 05 October 2020
You have stated to have been holding a flat in Pune, who is the recorded titleholder / owner (as per Conveyance Deed / Sale Deed or any other title document) ?
The recorded titleholder shall have the flat, in case there is any dispute.
Rajendra K Goyal
(Expert) 05 October 2020
From the given facts, it would be difficult to get the jewelry back.
If she had the possession, she can prove that it constituted her stridhan.
Try to save marriage.
