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kumar (manager)     12 September 2014

Query on jewelery items

I am sorry for reposing this content but these are very obvious questions that needs to be answered so experts pls reply to this qwery

 

The question constantly running though my mind is, after wife packs off from husband and goes away, and then files DV, there she asks her jewelry to be given back, now in my case, she took away all the ornaments and now is asking for them through DV case,

I have read in the forum before, that to claim back those jewelry, she has to produce the original bills, accepted.  but, what would happen if after taking all those jewelry away, she brings the original bills and then ask for the same jewelry? just because she brought the original bills, and the jewels are not with the husband, is he liable to give them back, just because she brought the bills?

also, in a scenario where, she can collect original bills from other relatives of hers, of the period after the marriage and gives in court, even they can be original bills, but of relatives, in this scenario what happens, just because the bills are original, the husband has to give the money in compensation.

So basically, the rule is she brings the original bills, you pay the money for jewelery, even without hearing the husband that he genuinely doesnt have them with her? is the law soo blind.....



Learning

 7 Replies

naives (Manager)     12 September 2014

Waiting to see this replied too...

Dr J C Vashista (Advocate)     12 September 2014

How does the Court conclude/infer and determine regarding possession of the jewellary articles, which are part of shtree-dhan, that is only property of the woman? It can be decided by way of evidence, that you are to prove beyond reasonable doubt that she had collected/taken when she left her matrimonial home. 

kumar (manager)     12 September 2014

@vashisth sir

Sir my doubt is that she is alleging that the ornaments are with me.....so the burden of proof lies on her or on me?????

LoneFighter (IT)     12 September 2014

Burden of proof is somethng i could not properly understand till now .. i guess if she alleges they r with u, its a oral evidence, you tell judge that u dont have them and u should prove it...onus is on u.. i guess.. i would also want to know how is burden of evidence inferred. 

kumar (manager)     13 September 2014

Dear Experts...... pls reply........ my query is still unanswered.....

does the  mere presence of original jewellery bills with the girl proves that the jewellery is in possession of the husband??????

LoneFighter (IT)     13 September 2014

@Kumar: Vashista Sir already did answer the query, You should prove that she has take it with her using some evidence. like your relatives might have seen her taking the gold with her etc of that sort. 

Just by showing bills and claiming that you still have it do not prove anything. She might be having some people giving evidence for the same statements.. i gues.s..

T. Kalaiselvan, Advocate (Advocate)     18 September 2014

By merely producing the original bills for purchase of jewels will not suffice that she has left her ornaments behind in her matrimonial home when she walked out, she has to establish that under what circumstances she was compelled to leave them behind, if she could establish her allegations, you have to, with the help of evidence in your possession, rebut her claim, it is a mater of trial, keep in touch with your advocate with proper instructions to him about the incidences that took place when she abandoned her matrimonial home, you may find respite.


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