Legal Question in Criminal Law in India

Wife taken away jewellery gifted to her

Ld cousels,

My wife has taken away jewelry gifted to her by me during wedding, which also includes mangal sutra in gold. Mangal sutra is a valuable item shared between husband and wife. She is refusing for re-union and refusing to give the jewellry. Can I file a 406 against her. I have bills for all hte jewelry.

Is it possible that she will claim ownership of all the wedding gifts gifted by me.

please clarify

Asked on 1/18/09, 3:06 pm

5 Answers from Attorneys

Lawbird in Delhi Taneja Law Office
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Re: Wife taken away jewellery gifted to her

Forget! It is your wife's Istridhan and permitted by law to be retained by her. You can not claim it back.

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Answered on 1/18/09, 8:16 pm
Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]
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Re: Wife taken away jewellery gifted to her

The entire jewellary belong to her and is her absolute property. The gifts given by husband and his friends / relatives become part of her 'istridhan'. You may be guilty of offence under 406 if you refuse to return any article of gift given to her at the time of or after or before wedding.

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Answered on 1/18/09, 9:32 pm
Shrichand Nahar S.V.Nahar, Advocate
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Re: Wife taken away jewellery gifted to her

Once gifted, you can claim nothing as your wife became owner thereof.

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Answered on 1/19/09, 1:16 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates
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Re: Wife taken away jewellery gifted to her

You can't do anything as her stridhan is her absolute property.

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Answered on 1/19/09, 3:14 am
Vishwa Arya Arya & Co.
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Re: Wife taken away jewellery gifted to her

yes she may claim ownership of all the wedding gifts gifted by you being her istridhan. women right to property act make her absolute owner.

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Answered on 1/19/09, 12:04 pm

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