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Patel Jyoti   07 December 2017


My query is- I am married since 2006 , have one daughter (8 years old) In 2016 I have we have applied for mutual divorce, my husband had torchered me so much that I agreed to get divorced, While filing mutual divorce I have signed on the agreement that I have received all my jwellery but actually it was my emotional fool action that I had trust on my father in law that he will give me for sure and I signed that agreement, After that he started saying in our society that not he but I wanted divorce and I am having affair with some one (which is completely humbak story), Hence due to his such behaviour my parents have to suffer in society, hence in court after cooling period I refused for divorce and the judge gave order in my favour and hence we are still married, But he is refusing to give my jwellery ( given by my parents, I am not asking for his), Now I want to make complaint against him, I want to know that can he use that agreement as evidence that he has given me the jwellery, is that agreement still valid? I have already lost everything, I don't want to loose my father's property Kindly guide me how can I get it back, at present I am staying alone, we are separated from past one and a half year Tried to get the jwellery through elders and other members of society but in vain, my father in law had agreed first in front of them that he will return me everything but as my mother in law and my husband have put so much pressure on him that turned back his words, and now I have only option to file the complaint but want to know how much is that agreement going to affect my complaint


 6 Replies

Patel Jyoti   07 December 2017

Kindly reply me at the earliest so I can take the action on time, I think I have already lost too much of time

Patel Jyoti   07 December 2017

But I have signed agreement that I have received though I had not. I signed it as he said tomorrow he will give me but that tomorrow never came. I want to know can he misuse that agreement if I claim for it. Though the mutual divorce case which was filled on the basis of that agreement is resolved

Radha Krishna   07 December 2017

All is gone, you gave rope and tied got your hands tied. Now nothing can be done.  Going for appeal is waste.  Find someone else and remarry. 

Patel Jyoti   08 December 2017

Not interested in remarriage. I know I got my hands tied and hence asking experts- how can I open/break it,

Samir N (General Queries) (Business)     08 December 2017

There is hope... Enforcement of agreements under Indian law comes under the Specific Relief Act.  By signing an agreement with you, at the minimum, it is agreed by him that jewellery does exist so there is no need to get any bills, etc. Of course, the quantum of jewellery will be contested. I do not know what is there in your agreement.  If it does not list the jewelery, your chances get thinner.  Now, the   point of contention is have you really recieved them. Agreements can be rendered null and void if they were through coercion, undue influence, etc.  You will have to allege this, get the agreement undone and ask for your jewellery. Will you get them back? I am not sure... so many factors will determine the final outcome. However, you have an opening under the law to file a suit for recovery under the Specific Relief Act or Indian Contract Act. There is certainly a legal basis to initiate such a suit. Details you need to discuss with a Good Lawyer -:) 

Disclaimer: I am not a lawyer.

Patel Jyoti   09 December 2017

Thanks everyone

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