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FightforGood (Specialist)     18 December 2015

Returning jewels?

Hi All,

 Girl side asked the jewels during mediation. Is it right to return the jewels during the mediation?



Learning

 11 Replies

Adv. Yogen Kakade (+ 91 9225510883)     19 December 2015

What is the current status of the case?

Adv. Yogen Kakade (+ 91 9225510883)     19 December 2015

What is the current status of the case?

Anand Bali Adv. (Advocate Solicitor & Consultant)     19 December 2015

Yes !!

It is very important you should return her all Stridhan to her otherwise in case if she will file the case against you for the return of her belongings including Jewellery you will be in soup and no Bail will be granted to you on that account only. It will be a case for the Criminal Breach of Trust against you under Sec 406. Read with Sec 498A.where the case is of Cruelty against the wife by Husband or his other relatives.

It is always better ASAP you return her goods to her.

For further any inquiry or explanation  you can call, Visit my office or send PM

FightforGood (Specialist)     19 December 2015

Thanks Anand for your suggestion. What is the procedure of returning the articles? Any predefined documents, witnesses required that court accepts in later stages?

K.S.Srinivas (Advisor (HR))     24 December 2015

It is advisable that you return all her stridhan in presence of Mediator, where the case has been filed so that they are witness to it.  Get a receipt from the girl.

Anand Bali Adv. (Advocate Solicitor & Consultant)     26 December 2015

yes Mr "Fight For Good"!!

 You can either return the Stridhan to the wife either in presence of Police officials with whom the wife has lodged her complaint or in the presence of a mediator who is appointed to mediate between you tow or at the court in presence of the Judge who is looking after your case. here the presence of at least two witnessess from both the parties is must where the Stridhan is not given in presence of above three above noted government officials.

T. Kalaiselvan, Advocate (Advocate)     26 December 2015

There is nothing wrong in returning her own property in which you cannot claim any right.

Make out a list, ask her to acknowledge the receipt with witnesses and hand it over to her. 

Sudhir Kumar, Advocate (Advocate)     27 December 2015

You have not given facts of the case. it is surprising as to how/why the jwellery is with husband. you should get rid of the same as early as possible. Your hesitation to return jwellery speaks adverse about your intention.

FightforGood (Specialist)     27 December 2015

Thanks Mr. Anand, Mr.Srinivas & Mr.Kalaiselvan for valuable suggestion and opinion.

Mr.Sudhir,

 When mediator during mediation asked to return all the jewels(FYI, am looking for this moment for long), was unaware about the proceedings to return so that it would be recordical that all of the items returned as evidence. Here, I tried to clarify the process of returning the jewels as many suggested to return to jewel in court in the presence of judge by applying some petition towards court. Since its a best community where i could see valuable suggestions from best lawyers, i posted my question to understand the process where my step shouldn't backfire later as am already facing a lot and lost everything because of false dowry case.

 "Your hesitation to return jwellery speaks adverse about your intention." - I would request you to read my question... "Is it right to return the jewels during the mediation". Still to make it clear, i am keenly waiting to return all her things. All am looking for the advice and process of returning it.

 

Anand   30 December 2015

Generally it would be best to return her jewels/belongings in the court in front of the judge, and have her statement recorded accordingly. As your case is still at the mediation stage (I presume the police station or women’s cell) It would be a good idea to return her jewels/belongings immediately. In the presence of the police station/women’s cell officials and the mediator. Have it all written down on paper and drafted by a lawyer if required with signatures from you, your wife and relatives from both sides stating that you have returned all her jewels and belongs, and that your wife has accepted the same. It is very important to have the police/women’s cell officials to sign the papers as well.  If possible record the handing over of her jewels/belongings on your cell phone as added proof.        

Sudhir Kumar, Advocate (Advocate)     31 December 2015

Jewellery is the absolute property of wife. Its being found in custody of husband or his parents itself doe snot speak well. Deprivation of the same is a more serious offence than 498a. It is non-bailable u/s 406/409. If the allegation of deprivation of stridhan is there then none can stop a vicious police officer to raid and search the house of husband (may be a few relatives as well) on the pretext of attempt to recover. Get rid of the jewellery as soon as possible. Now since the jewellery is reported/admitted to be with you you should have proof of return.

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