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Wife sold gold and claiming now

Hi All, My wife left home taking her jewellary and filed 498a 3 & 4 om me. she sold her jewellary in her hometown and same came to know one of her relative but dont know where she sold. Now she is telling that gold is with me.

1) Is it possible to know where she sold?
2) If she claims about gold,which is the best way to inform to court about sold gold? and will cout  do investigation on that if she submit bills with vat?

Please advise.


 9 Replies

Q Slinger (NA)     29 January 2014

She will probably file a 406 to get the courts to search your home and bank locker to retrieve the gold. If it is not recovered, then it means its not with u. 


Best thing you can tell the court is that she took the gold and its not with u. There is no way to prove what gold she sold. So if I were you, I would first secure any other gold in the house by putting them in a bank locker that your wife is not aware off so that way your parents or you  won't lose the gold that is actually yours.


Hi, wife has the right to file 406 and if husband gold taken by wife how can husband collect gold from wife.Is husband also have the right to file 406? Thanks for quick response.


Hi,Thanks for quick advise. If husband is having gold bills with vat and his name.Is it ok to file 406 on wife?.

Sudhir Kumar, Advocate (Advocate)     31 January 2014

no matter she sold or not.


do you have evidence that she took gold alongwith her.


Hi, while going to her hometown, she has taken my gold and her gold.when I asked about my gold,she is telling didnt take. Dont know  how to collect my gold. now she is telling gold kept at my place only.Is it possible to collect my gold from her if so Please suggest.

Avadhesh Paliwal (advocate)     31 January 2014

venkat  it is very tedious case because jewellery is purchased by you and your wife is not only for you....it is a totaly sharing property and wife have more rights on jewellery...suppose any husband which will not give the pocket money to wife then option is to sold the jewellery for day to day for child......

so this is not your jewellery.........jewellerry is for only wife and future risk.......


avadhesh Paliwal

advocate 09929166681



Hi, Thanks for quick advise. you mean to say sec 406 applicable to only wife? and husband does not have any right to file sec 406? Please clarify.

Sudhir Kumar, Advocate (Advocate)     31 January 2014

But please be clear what do you mean by " my gold"


This is vital for my further reaction.


Hi, I have bought gold at the time of marrige with my name but now my wife has taken that gold and now she is not giving that gold. Please advise what I have to do?

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