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Harrressed Husband (Freelancer)     28 September 2016

Filed divorce, how to return wife's gifts & articles

I have filed for divorce case. I was living with wife in rented home. Now wife stays with her parents and I am staying at other place. I want to vacate the rented home but it has all the furniture, goods and gifts belonging to wife. Wife will not take it as she is not ready for divorce. 

I guess soon I may get burdened with maintanence also. I want to get rid of rented home in order to save some money. How can I legally make wife to take her things back so as I can vacate home?

 



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 7 Replies

innocenthusband   28 September 2016

Neither you nor the law can make someone take back their stuff. 

returning her stuff will not prevent you from paying alimony.  Being married for one day alone constitutes payment of alimony regardless of divorce initiator.

after filing divorce suit you can wait for her to collect her stuff. If she doesn't, sell it off for some good cash. She cannot blame you for not returning it at that point as your divorce notice has been served already.

whatnot   28 September 2016

Send all the gift items to your mother in law's place using some  company name (prestige).

 

Rest may go to Quickr.

 

All the amount recieved. Send a draft to your wife including any advance paid as a good faith gesture.

 

Move on.

 

 

Harrressed Husband (Freelancer)     28 September 2016

The thing is I am just paying rent for keeping her stuff. I will save some money as I am already struggling to earn. Its month end but I have still not paid rent. I have other priority expenses which I pay off with whatever littile I am making now a days. I am experienced and expert software developer and I can earn well but for now I am just not able to concentrate on work. 

Selling off items - good idea but are there any risks involved?

Sending the stuff to her home - what if she does not accepts? 

 

A walk alone (-)     28 September 2016

Dnt sell them it can create a problem in future. In future she file any case (406ipc) against you, you have to return all her belonging. Better try to return her belonging through court.

saravanan s (legal advisor)     29 September 2016

agreeing with walk alone advice

whatnot   29 September 2016

If you try to please everyone, you please none.

 

Yes. They will put a case..Argue on merits..

 

Before selling.. Give a month notice.. State facts clearly (List all items)

Attach owner notice to vacate (tell the owner you will pay him dues if he gives you notice to vacate)

No response. Sell it on Quickr. But not gift items.. Keep that money separate.

 

Legal system is not your well wisher to support all nanny issues. Sometime we have to do what is right and face consequence.

If they claim on damages..GO to jail . But don't pay..

 

Harrressed Husband (Freelancer)     29 September 2016

@walkalone and @saravanan sir

"try to return her belonging through court."

how can this procedure be done? to be frank a novice like me does not knows anything about law and court procedure


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