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Claim for fake ornaments

Page no : 2

Alwin (PM)     26 June 2013

One clarification required from your side. What makes you to tell that they sold the gold? Did they informed you that? Also it is quite unbelievable that your father just returned the entire ornaments to them on their demand and never asked to return it even after 1.5 months.

You just think from their side. Are they making a valid claim? Any court will accept their claim. A photograph of her with all ornaments at wedding is a valid evidence. If they are able to prove the source of their income to purchase this gold, its more than enough.

What ever you are trying to discuss here as evidences against them seems not stand in a court as it is common scene by husband and his family to deny the acceptance of gold and money as patrimony. stamp paper value of property cannot be challenged because of many reasons (even officials say that notified valuation for the area is just 3 lks). 


In case you are genuine on your side, try to settle it through mediation. Otherwise you may get into real trouble. 

Nishanth Srivastava (sELF)     06 August 2013

@ Harsh,

Yes, they told that they disposed the ornaments and bought the land.

Why should we not return the ornaments, we never expected them to be such frauds. 

We thought the ornaments might be in their custody. Only after purchasing the land they have told us that they have sold thr gold to purchase the land.


Come on, what you mean by does not stand in court.

In this tenure court can investigate the bank account transactions of all my family members- there is no lumpsum reflection ina ny of ours. But their account has. That would be from the account of jeweller. How did that happen?


Also, there is no source of income for him. He is having a small business. It's quite common sense that after conducting a daughters marriage in a span of 6 months how can a father organize another 30 lakhs.


For the property value, I have taken estimate from real estate agents from the localities for the land value + court can have look into the advertisements that come on newspapers and various websites.


You are the first one among many I have consulted to say that our points won't stand in court. ANyway thanks for response.

Nishanth Srivastava (sELF)     06 August 2013

Dear all


My wife has claimed for interim maintenance in family court.


How can avoid this, because I haven't deserted her ever.


I have taken few judgements from various courts on the same and gave to my advocate. But he says these are based on criminal laws. They have filed for interim maintenance in family court - which is a civil case.


Does this law of "a wife is not eligible for maintenence if she has left the husband's home in her own will"- not applicable in civil case of maintenance.


How can get rid of this maintenance.

Alwin (PM)     07 August 2013

You have to understand one thing before justifying yourself. Indian marriages always associated with dowry, gold/ornaments and other gifts. Even though law saying dowry is prohibited, it is a fact that such transactions are happening. Also in all most all weddings, there is no documentary evidence for such transactions. Moreover it is the custom in India that husband/his family became the custodian of money/ornaments after marriage. Courts are well aware about these situations. So normally what courts do is look into the financial capability of the girl’s family and the source of their income to justify their claims related to money, gold etc. If they are able to prove that, court will accept it completely and order you to repay. Remember Indian laws related to divorce, alimony etc all is always lenient to woman and not to man.
You are talking about your bank statements. Why a court of law has to consider it because you are free to keep the money in your hand without depositing it anywhere or even you can have an account which is not disclosed to anyone.  Stamp paper value of property can be challenged only when the notified value is higher than the shown price in the paper. If it matches, no doubt, court will accept it. No other evidence will override this.
Is it possible for you to bring the gold shop owner to the court of law as a witness? I’m sure no shop owner will come and say that. This is a civil suit and points like ‘they told me like that’ ‘I heard like that’ is not going to stand in the court of law. It can be denied easily anytime.
So don’t think that you are positioned strong in your points. Try to settle it through mediation. That is the best way to solve it and don’t hesitate for that.

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