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enough   26 February 2015

How can i prove my gold is with in laws

I was given 65 tola of gold at the time of marriage from my parents side. 

That's still with my in-laws. I filed dvc for getting my gold and articles back. 

They claim that no gold was given during cross.

I have bills for arnd 20-30 tola, estimates for another 20-30 tola.

Our wedding photos/ videos clearly shows all gold.

I can also show source of income to buy this amount of gold.

Are they sufficient?



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 3 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     26 February 2015

Dear, I think you should ask them leading questions about he gold they have with them and ask them whether they can produce the bills of the same which they are having and try get them confused with the gold you have given by repeating the questions so that they can admit in their cross examination and find contradictions in your favour.... Kapil Chandna Adv 9899011450

Adv. Amit Anandrao Mahadeshwar (ADVOCATE)     26 February 2015

Madam, 

If you have memorandum of the articles signed by the both parties, i.e. your parents and relatives and parents of your spouse and his relative, that can be an additional proof to show the extent of gold given by your parents. Generally, in Maharashtra it is termed as Vivah Yadi or Vivah Tharav Yadi, if your have custom in your community to draw such lists, then it can be useful for your. However, as stated by brother Adv. Kapil the custody of the same with your in laws can be proved or inferred through the question put in the cross examination and also through the answers elicited in cross-examination. Similarly, if you have any other evidence or witness to show that the said articles are in custody of your in laws, such evidence or witness can be produced and examined. The mediators in your marriage, who have been party to arrange your marriage can also be examined if they are likely and willing to disclose the truth. Similarly, if correspondence in the form of notices and reply notices between yourself and your spouse regarding the dispute, if there are any admissions or deemed admissions in such correspondence, can also be used. However, there is no straight jacket formula to prove custody, it will depend upon fact and circumstances of each case. More particulars in the form of documents regarding the disputes are necessary to express particular opinion. 

Thanks and Regards,

Adv. Amit Anandrao Mahadeshwar

enough   27 February 2015

I don't have any memorandum. In the forum I also read suggestion to take up 406 IPC. But they also say need solid proof. What proof do they look for thru 406?

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