Here I can understand your situation, below are points can you check your end and compare it between your wife and DIL regarding gold jewelry.
- Except "Mangalsutra" wore at the time of marriage by your son to DIL that will not get back at any cost.
- Now if you have pics for same jewelry which was presented to DIL at the time of marriage for "SHOW OFF" case. All those jewelry wear wore or used before by your wife and had pics of the same which was using. than so how you can claim those movable property belongs to your wife.
According to Section 14 of the Hindu Succession Act, 1956 property obtained by a woman from the following sources is her absolute property (unless contrary is mentioned in the terms of device, gift, decree, order or award)
Property acquired-
- by inheritance
- By device –through will or a settlement
- At a partition
- In lieu of maintenance
- By gift
- By personal Skill or exertion
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Purchase and prescription –with the help of her own funds
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Acquired in any other manner- property received under a decree or award, or through adverse possession
Protection of the right to Stridhan
Stridhan is the absolute and personal property of the woman and no one gets the right to alienate the property without her consent. After marriage, such property is not the joint property of her in-laws and her although her husband or any other person can be entrusted to keep such property.
To protect this right here are safeguards provided in law in favor of the woman in cases where Stridhan is misappropriated or her right to Stridhan is denied by anyone.
One such protection is under Section 12 of the Protection of Women from Domestic Violence Act, 2005 – in cases where she is a victim of domestic violence it falls under the economic abuse of a wife. Another protection is under Section 406 of IPC- Criminal Breach of Trust in cases where the husband or any other person misappropriates or refuses to return the entrusted property.
Although there are safeguards to protect such rights yet these rights are often left unexercised either due to lack of awareness of the existence of such rights or dearth of substantive evidence to prove the property which constitutes Stridhan.
There can be a number of precautionary steps that can be taken by a woman in order to protect her rights-
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List- A list of all the items/ articles/ property received as gifts before, during or after marriage can be made.
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Witnesses- statements by witnesses can be a substantive evidence
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Separate Bank Locker- A separate bank locker in the name of the woman can be opened. This will ensure easy accountability of the properties.
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Wedding pictures and Bills in the name of the female
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Title to the property given to her and those bought from her Stridhan are clear and that the investments made from these assets are in her name.
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Record of Bank accounts and investments made out of her Stridhan must be kept.
With an increase in the awareness of these rights and taking up of the above mentioned precautionary steps the essence of age-old practice of Stridhan will be kept intact – Economic -liberty, security and independence of a woman.