Srinivasan (IT) 12 December 2013

Rcr & maint claims

Hi,

My wife was staying for last 4 months in her parential house. I filed an RCR to come back and stay with me. Case is not taken yet. But she filed a Maint claim (including my parents) in family court showing to return the matrimonial gifts. Telling that at the time of marriage all the marriage gifts are handed to me, my father and my mother as TRUSTEES. But really it is not happend, we dont have any demand either in words or in writing. More over she has attached out land and all our properties.

Pls advice

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5 Replies

Adv. Chandrasekhar (Advocate) 12 December 2013

What is your legal querry?

Srinivasan (IT) 12 December 2013

Hi,

They have mentioned that the gold ornaments & house hold materials had been handed over to us as " forming a Trustee" at the time of marriage. But no trustee was formed according to us. The gold ornaments and materials had volunderly given to my wife. In this marriage we have not demanded any gold ornaments or house materials.

After filing their case they have also attached our landed property. Actually we saw the gold ornaments lesser than their demanded quantity. That they have shown more quantity in gold and other goods in their list.

My question is

Wheather their trustee act will valid or not?

& what we have to do about returning of exact quantity of gold and other items?

Pls advice

Adv. Chandrasekhar (Advocate) 12 December 2013

No. Trustee Act is not applicable. If her streedhan details are not tallying with the articles in your possession, you have to make it clear by filing approriate application in the court. Even though, you did not mention, I suppose the case is a DV case. Further, in the presence of court, you can return the articles, again by filing appropriate application and get the handing over process properly recorded in the court and the court after directing the other party to receive the articles, record their statement on oath.

Srinivasan (IT) 12 December 2013

Thank you for your advice. Both of us have not filed any DV petetions. Now their case is only to return their marriage gifts.

When the " trustee" act is not applicable whether I have any liability to return their gold ornaments and other things.

If we give back all their goods, I fear that they can demand monthly maint case or any other cases to hurt me.

Under this circumstances can we give their goods back.Our marriage took place on 03/02/13. Most of the times nearly 5 and half months my wife was with her parents without any reason. Now also she is with them.