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amit kumar (hr executive )     28 July 2011

Articles given to Groom

Hello Lawyers,

Please advice -

1) The gifts which are given to groom(jewellery, clothes, etc) at the time of marriage and before marriage(roka ceramony) does that also need to be returned back when the wife is claming in her list of articles given.

2) The jewellery which has returned to the groom family has been returned back to wife but not the onces which has been given to groom which she is claming now.

3) The clothes which were given to groom relatives @ the time of marriage does that also need to be returned back which the wife is claming. As those has been consumed by the relatives and if yes do I need to pay her back.

Does all that state in our law which is in favoured of girls.

 



Learning

 9 Replies

Roshni B.. (For justice and dignity)     28 July 2011

Originally posted by :amit kumar
"


Hello Lawyers,

Please advice -

1) The gifts which are given to groom(jewellery, clothes, etc) at the time of marriage and before marriage(roka ceramony) does that also need to be returned back when the wife is claming in her list of articles given.

 

Before I answer,let me clarify that I am not a lawyer.So do not follow my advice blindly.Follow only a lawyers' advice.But I shall try to answer to you to the best of my ability & knowledge.These are dowry articles.If you used them already,she may ask money by  showing receipts of these items.

2) The jewellery which has returned to the groom family has been returned back to wife but not the onces which has been given to groom which she is claming now.

 

If jewel. was gifted from her side to you,she can ask for it,as already replied above.

3) The clothes which were given to groom relatives @ the time of marriage does that also need to be returned back which the wife is claming. As those has been consumed by the relatives and if yes do I need to pay her back.

 

She can claim money in place of them.For example if her parents gifted 10 shawls of the value of 1000 each,then they may claim 10x1000=Rs. 10,000,by showing receipts of these shawls.Same goes for other gifted items too.

Does all that state in our law which is in favoured of girls.
 

I think yes..

"

Parth Chandra (none)     28 July 2011

Kaise kaise aise aise.......Aise aise kese kese

 

@Amit Kumar

1) Gift given by bride's side to husband are gifts only and not dowry - If they say this is dowry then they are also liable for procecusion under DP act and your stand should be that these are gifts and not dowry

 

2) Any gift given to bride from anyside is her streedhan and should be returned only if she is ready to state that all the streedhan is returned by husband side

 

3) Any gift given to relatives of the husband or husband is gift and even if they show receipt ask them to proove first of all these things were given to husband side ever and if they can proove that then ask them to proove these were dowry and not customory gifts - U R NOT RESPONSIBLE FOR ANYTHING GIVEN TO YOU BY WILL AND IF YOU HAVE CONSUMED THOSE THINGS.

 

4) Give a hard time to your wife by refusing their claim and asking them to proove that those things were ever given to your side of family as streedhan or as dowry.

 

5) Even if wife's father produces receipt....it doesn't mean that they were given to you....and if that is the case then it doesn't mean they were dowry/streedhan.

 

6) Gift to ANYONE once given CAN'T BE ASKED BACK....IF THAT WOULD HAVE BEEN THE CASE THEN ANY GIFT GIVEN TO WIFE ALSO WOULD HAVE BEEN LIABLE TO ASKED BACK BY HUSBAND'S SIDE AND FORGET ABOUT WIFE..........ANYTHING GIVEN TO ANYONE WOULD HAVE BEEN LIABLE TO BE RETURN ANY TIME IN FUTURE AND THE RECEIPIENT WOULD NEVER BE ABLE CONSUME IT THINKING IT MIGHT NEED TO BE RETURNED BACK.

 

Regards,

PC

1 Like

Saurabh..V (Law Consultant)     28 July 2011

May be these queries should be asked directly from the court. You can state that you have a list of articles which were extended as gifts by the bride party to you and your relatives. Let the bride party give explanation about dowry or gift articles.

 

Returning shirt-pant clothes which was given to your distant relatives is practically impossible. In my view, such articales are actually treated as gifts only. Those given like TV, Fridge, Vehicle, Ornaments etc comes under the definition of Stridhan. Only that is to be returned.

 

//peace

/Saurabh..V

1 Like

(Guest)

what about gifts given by husband's relatives to the bride at different rituals of marriage?Are those to be returned by the bride?

Parth Chandra (none)     28 July 2011

Any gift given to anyone - husband or wife or their side of family are there's only and can't be claimed back by the giver - IF THEY WERE NOT DEMANDED BY THE TAKERS AND WERE GIVEN BY WILL.

 

IF SOMEONE SHOWS RECEIPTS OF SUCH THINGS WHICH WERE GIVEN WILLFULLY THEN RESPONDENT SHOULD ASK THEM TO PROOVE FIRST OF ALL THEY WERE GIVEN EVER TO THE RESPONDENT AND IF SO THEY WERE NOT GIFTS BY MEANS OF EVIDENCE/NEIUTRAL WITNESSES.

1 Like

Saurabh..V (Law Consultant)     28 July 2011

@Utpala

 

Unfortunately, that is not counted as dowry so there is case I've heard of where such articles are returned. However, while resolving such issues if the groom claims that his family made extravagent gifts in the form of gold etc., the bride and her family are under a legal obligation to return that too.

 

Having said this, I have never seen such a case personally because generally this is not dowry or stridhan but mere gifts and under various provisions, a gift once transferred and taken possesion of cannot be revoked. Now do you feel there is some imbalanced against boys? Well, this is only tip of an iceberg to talk about. There are hundreds or other provisions which have lacuna and are fundamentally biased against men. Yet feminists fail to realize and agree to this :|

 

//peace

/Saurabh..V

1 Like

amit kumar (hr executive )     29 July 2011

Thanks all for giving your valueble advice. So does that mean the ornaments(jewellery,cash) given to groom is treated as a gift and its non returnable even if the other side claim to get it back. by producing bills and photo eveidence in police station. 

Can the bride family or the bride put a case against the groom for not returning the same to them under sec 406 & 498? 

Parth Chandra (none)     29 July 2011

1) They can not claim the gift given to you through 406 as this act is meant for streedhan (anything that was given to wife from anyside)

 

2) They may claim those gifts in 498a by saying that they are dowry articles - then you need to say these were customery gifts given to you by your in-laws forcibly. Let the judge decide whether you need to return them or not but as far as I know if you contest properly and if they are not prooved as dowry then you need not to return back.

Raj Sinha   07 August 2017

Do we have any judgement that mentions that gifts given to husband in Tilak, Engagement like cash, engagement ring are not to be returned that are not streedhan.


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