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Sunil Patil (Engg)     31 July 2011

Streedhan / gifts

Hi,

Wife had filed for interim maintenance under HMA 1956 IN Famil Cort 2 yrs ago and the case is on. She has now filed asking for the ornaments/ gifts (such as utensils etc) given to her and the wedding ring given to me during the marriage cermony. She has deserted me 2.5yrs ago and I've filed a divorce petition as well.

What should be my responses? Please do suggest, how I can put some kind of pressure so that she comes for negotiations.

Thanks.



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 1 Replies

Janhavi (Resourcer)     31 July 2011

@Sachin,

It looks like you have filed for divorce after wife deserted you. Then she applied for maintenance. After this she is asking for ornaments.

1. When she deserted you should have filed RCR as your post suggests you to want to pressure her for negotiation.

2. No problem may be in anger you filed divorce. So she anyway had to reply to that in court and asked for maintenance.

3. She asking for ornaments and gifts. It is her Stridhan including ornaments you and your family gave. So if these are with you give it back to her as as per law it is hers. However keep a record of it. Experts can advise on ways of handing over legitamately.

4. If you don't have it and if its not in your possesion then say NO.

5. Think and go back in past if things happened were in a rage of anger. Can you forgive her for whatever issues you had. You can resort to professional counselling through 3rd party counsellors by pleading in the court. Since you want to negotiate thats the best way I think but there are others who can advise you on that.

6. Your wife is not cruel as she has not resorted to using women biased law to harrass you and your family. There is no indication in your post of DV or 498A. I think she shud not be that cruel. Try and negotiate with her on an amicable note seeking help of 3rd party counseling or a neutral person in between.

I hope you resolve matrimonial issues and try and be together as the litigation will go for another 3 years and by that time both u and ur wife will be losers as you wd have wasted your precious years of youth. Its difficyult to carry the stigma in your mind all the time. Go for amicable resolution.

 


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