Jewellery share on mutual consent

Originally posted by : Tejaswini
	Hello,   My husband had purchased some jewels post marriage which along with my jewels kept in the bank locker. The locker is jointly owned by me and my mother in law but she never gave me the key. My husband had filed divorce two years back. My all things includes jewels, stridhan is still with my husband / in-laws.So, i have claimed that through my DV petition.     Now that we both agreeing to divorce on mutual consent but my in-laws want all the jewels that they bought. They are not compensating me enough on the alimony side either but claiming the jewels that husband gifted me. My question is to you is - whether i can say that the jewels bought after marriage is mine since he gifted me or as per indian law should i give it away to them. They haven't shared any marriage expenses earlier.

If you have the bills, yes.

greed·y  (grd)adj. greed·i·er, greed·i·est

3. Extremely eager or desirous:

Moral of the story: Never ever gift anything to the dear wife.

When one is claiming, they have to show valid bills.  No bills?  Forget that jwellery.

Stalker,

Thanks for the moral suggestion. You do not know the entire story. We are here to get legal help. Please stop commenting if you can't provide any help.

If you think i am greedy, what would you call the husband who abondoned and ruined my life. Grow up !

Thank you Helping hand,

do you mean that if he has the bills he can claim it even when he has gifted it on some condition?

So, when a marital discors happens, a husband can get away with whatever physical assets he has bought after marriage. What about the wife who has been supporting / contributing / working tirelessly on household duties?

I have read all your stories from the last one year. Its funny to know that you both go for marriage counselling and the psycologist suggest that your husband has got mental disorder. But still he files the divorce petition. LOL!!!

If you think he cannot prove your mental cruelty, why did you accept MCD in the first place? Give him a fight, contest it if the there is anything but truth in your case.
 

@Stalker - the counselling happened in the court after he filed the divorce petition. Giving a fight, whats the use? I will lose all my peaceful days at the court.

@Stalker - the counselling happened in the court after he filed the divorce petition. Giving a fight, whats the use? I will lose all my peaceful days at the court.

And you know what, he doesn't appear neither at the family court nor at the magistrate court.

Originally posted by : Tejaswini
	Thank you Helping hand, do you mean that if he has the bills he can claim it even when he has gifted it on some condition? So, when a marital discors happens, a husband can get away with whatever physical assets he has bought after marriage. What about the wife who has been supporting / contributing / working tirelessly on household duties?

Now that you dont have the bills, you cannot claim it.

Your husband/MIL have the jewellery, and it is your husband who brought such jewellery.  Jewellery given by your MIL at time of marriage to you, does become yours, if you stay together.  You are going through divorce, so what they gave it is theirs, when divorce is about to be granted, exchange of items takes place only on the basis of valid bills shown to the court.

Material assets need be shared only on basis of bills available with both of you.  Mind it, if husband has brought such jwellery he has also paid tax for it VAT etc.. So it is his jwellery.  As no bills with you and jwellery with him, you cant even prove that he had given it to you.

On a lighter note,

Other assets do remain like the fat gained while staying together or weight gained after applying for divorce.  Those cannot be claimed. :-))

@author 1 year is too long time.

Should have settled for MCD, take money and part ways.

When your husband agreed for Mutual consent divorce, there is no point in collecting things which will remind you of your previous relationship.

Money can not buy you peace of mind. Better off load the feelings / past and move on. Do not let MCD get stopped because of these jewels. If they are in your luck then you will get it anyways. Who knows you may get even better ..

You may incline before signing the MCD for the jewels, if the process fails for this only both of you will have to face long costly and time tking litigations and the expances will be more than the price of rhese items. Better leave something for pease and future stability.

@Helping hand :

its almost 2 years. Thats why i have decided on MCD. Since I am also "OK" for MCD, husband / in-laws quoting unreasonable amount on alimony and that's when i decided to claim the jewels atleast. I have made purchases of clothes for him amount to 40 k but how would i claim all that? As i said earlier, the entire marriage expenses is frm my side. The amount they quote is just sufficient to cover the expenses and as such i am not getting "compensated" for the damage he has done to my life. Suppose if we refer back to court, he would not turn to court and I would be wasting my precious time at the court halls. I haven't skipped any court sessions till date, but he has done it many times. 

@Nevergiveup / @Rajendra K Goyal

You both are right. I dont want to delay just for these jewels but I wanted to know what have other women done in their cases and what does the indian law says.

Thanks for your suggestion.