90,000+ Legal Questions Answered

Should i rerurn gift and mangalsootra? Should i rerurn gift and mangalsootra?

3 years ago

. A tab was gifted to me after engagement by my spouse should i return it after mutual divorce because i dont want to give them back. How should i say them about it very strongly that i dont want to return it.
2.should i return mangalsootra? If no, on what basis i could strongly speak to them about it?
3.my clothes and some sarees etc are left in their house?
Now they are not ready to send them to me. What should i do. Will they have right to keep themselves.
4.What is the advantage of a woman if she files for mutual consent? Is there any disadvantage? Because they are planning to say the word "i will change" so that they want to prove i myself is urging for divorce even though they are more ready for mutual.iam so confused and stressed. Please help me. How can i move forward?

Anik

Responded 3 years ago

View All Answers
A.Hi,
1. They have no right to claim them from you, you can refuse to entertain their demands.
2. No, you are its legal owner.
3. You can ask them to return it to you. You can settle this over the course of the divorce hearings.
4. Mutual consent divorce is more informal, your husband and you will get to decide the terms of the separation yourselves. As such, you can use it to stand your ground and not concede to any ridiculous claims they make.
If you found this helpful, please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
1. As these things were gifted to you, you are their legal owner. As such, you can do anything you wish with them. They cannot claim them from you.
2. No, it belongs to you.
3. You can discuss this over the course of the divorce proceedings.
4. There are no disadvantages; the advantage is that you get to decide exactly what you want and not the Judge. You do not have to include such a term in the agreement if you do not want to. If your husband is unwilling to compromise you can always file for a contested divorce.
If you found this helpful, please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Sidhaarth

Responded 3 years ago

A.Gifts given in marriage or after marriage are the personal properties so if you does not wish to return then you can refuse and other person has no right to claim.
1&2. These properties were gifted to you so the same are your personal properties hence you can refuse to return.
3. Sarees etc are also your property so you can assert your right and can claim the same. Husband has no right to retain your property.
4. Yes, girl can also claim divorce and as such there is no disadvantage if you file case for divorce. Take a decision with the help of legal advise from competent advocate. Mutual divorce is less time consuming.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconMarriage problem
Dear Sir, Your sister is having support from Indian Laws and she can lodge multiple cases both civil and criminal cases and also can claim maintenance.
question iconMy wife hardly stays with me what should I do
Dear Sir, First decide has to whether to continue the marriage or end it. Then file a divorce case and if you give some alimony then your wife may agree for mutual divorce. Forget about the child if a...
question iconDivorce case
Dear Client, In an application filed under Section 10 of the Hindu Marriage Act, 1955 seeking judicial separation and if the grounds for it are satisfied to the court then it passes an order for judic...
question iconHusband harrasment
Dear Client, In the prevailing situation, you have the right to file a complaint against your unruly husband who subjected you to mental and emotional abuse that amounted to domestic violence in the...
question iconMental harassment by husband staying in Pune on wife living in Bangalore
Dear Madam, Please file multiple cases against your husband and his family members. You can get maintenance easily thus he may come for compromise.