Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

haha   27 May 2016

Stridhan in case of MCD

I am in initial talks for MCD with my husband, my lawyer says for any drafting purposes he has to return stridhan first and proper documentation of received and given shall be prepared,then only any MOU should be drafted, is this how it is done usually?


Learning

 6 Replies

Mukesh sharma (job )     28 May 2016

Hiif you want to give divorse to your husband than mutul divorse is good option their and if your husband agree on it than proceed by mutul divorse 

second about about stridhan ( dowery ) if you have any record waht you give to your husband and you want it back than you must file application in court with list of things you give to your husband and court may give order to return all to court and its all submit in court and after your divorse you give application to court and court give to back 

but it s all not effect on your divorse order you file application for divorse 

thnaks


(Guest)
  1. Resolving stridhan issue in MOU is essential. If this issue is not addressed possibility of litigation on streedhan even after divorce remains. 
  2. It is not advisable to make any piecemeal settlement. Settlements should be full and final, streedhan returned, maintenace claims covered for past, present, future, all alleged acts condoned by both parties and all litigation based on acts before settlement be withdrawn/quashed. 

SAINATH DEVALLA (LEGAL CONSULTANT)     28 May 2016

Return of stridhan etc  can be mentioned in the draft of the MOU,and both the parties have to adhere to the contents stated.

Vijay Raj Mahajan (Advocate)     28 May 2016

Why to make such big hue and cry for the issue of Stridhan, the properties/articles/cash etc you had brought with you at the time of marriage is your Stridhan. along with that the jewelry/cash etc that was presented by your husband/in-laws at the time of marriage is also your Stridhan.

This whole will not be so big that to make a list or already listed by you, will take much time to collect and take out of the matrimonial home to your place of residence where you presently stay. Most of the jewelary must be in your possession or in the bank locker, so that you can operate and take out anytime if the bank locker is being operated by you, otherwise if that is with your in-laws/husband ask them to return back now.

As far the misconception that in most cases the wife side is having is seeking return of gift articles given by them to husband side, now that by no mean becomes Stridhan of wife, so avoid asking those back from them.

Now how to go ahead for Stridhan not in your possession, is simple as mentioned above, ask your husband/in-laws to return it back now or if that will take some time to mention its details in the MOU being prepared between both of you for divorce by mutual consent.

There are some lawyers who unnecessarily make issue out of non-issue by making conditions for drafting MOU or filling divorce by mutual consent, reason is very clear, the parties settling dispute amicably will result in finishing off the litigation between them and this is not being digested by money minded, with non-professional attitude lawyers.

It is better to pay good amount of professional fee to experienced senior lawyer rather to youngster who is begging around for cases and getting cases prolonged by bring such non-issues between the parties.

Vakalath (Vakeel No. 1)     28 May 2016

Agree with above advice, even though there is war between the parties, there should be some trust between the parties.  Such things are not big but trivial.

SAINATH DEVALLA (LEGAL CONSULTANT)     28 May 2016

Rightly concluded by Adv Mahajan,act accordingly.The element of trust and belief does not exist when differences crop in and the matter goes beyond one's control,U doubt even UR shadow.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query