Hi, you need not return the jewels and so also the marriage expenses as there is no such law compel the women to pay marriage expenses and return jewels and in turn you have to ask for maintenance of your child and yourself.
Husband's family asking for money and jewels
Hi i recently got married and have a baby girl... My husbands family looked after all Marriage expense (Around 10 Lakhs).. We didn't even pay a penny.But i was put on 25 Savaran gold .. I have to do so much adjustments with my in-laws like respect though they dont respect our family that much.....My husband always supporting his family though he doesn't do any harm... They asking me to do 3 time cooking.washing.cleaning house... I am not willing to do all on my own.... Conversation became thick with foul languages.... I plan to get divorced....But they told me to take back my jewels(25 savarans) My husband returned back the ring we gave him at the marriage..... But asking me the gold they put on marriage (Its about 10 savaran for mangal sutra and bangles ) and marriage expenses..... what do i do ? Can i keep it all their jewels and dont want to repay marriage expenses
Asked 10 years ago in Family Law
Religion: Hindu
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17 Answers
1. The gifts/ornaments you received from either side is your property called stridhan.
2. SO legally you are not bound to return the ornaments even if your in laws has gifted you in marriage.
3. Try for mutual divorce first. if husband refuses then file contested divorce suit.
4. You can file case for maintenance and domestic violence as well if there was instances of torture on you.
1) marriage expenses were done by husband family out of own free will
2) all gold and other ornaments received by you whether from husband or your parents is your streedhan
3) file for divorce on grounds of mental cruelty as it is doubtful your husband will agree for divorce by mutual consent unless you pay the marriage expenses
4) if you want to stay in your matrimonial home then you can file DV case and seek maintenance and other reliefs
dear client, don't return the ornaments or jewelry as it is your streedhan i.e. which is given to you at the time of marriage in front of all the people present.Marriage expenses were done by the groom party by their own will so no need to return it.You can file a divorce case by mutual consent if your husband is ready to give you divorce or on the grounds of mental cruelty.Also if the inlaws are giving a lot of trouble you can file 498 against them.
Thanks all... So i know now that i can keep all the jewels gifted on me at the time of marriage.. and dont need to repay the expenses.. I have been tortured verbally and made to do all house work all alone...Like you said i am going to file on them the dowry harassment case and domestic violence on all the family members... How long they get sentenced ??? especially my husband and mother-in-law. If he agrees mutual divorce how long it takes to finish ? and whats the procedure ?
Asked 10 years ago
divorce by mutual consent around 7 months . dont file 498A / Dv if your husband is willing to divorce you by mutual consent .
being told by your in laws to do household work would not amount to harassment
Mutual divorce takes time of 7 months to an year. Both of you have to sign a MOU wherein the points mutually agreed have to be detailed like maintenance, compensation, returning the jewels or money, as the case may be, have to be covered and it would be for one time and has to be sumitted to the family court. Also you can agree for not charging dv case against your husband, if MCD is decreed.
Thanks Ajay Sethi... The household work given by in-laws are not simple ones... I had to do 3 time food cooking/serving, cleaning the home , washing my mother-in-law cloths, take care of child.. Though i did all they didn't respect my family members and told they did nothing on special occasions like jewels/cloths...My husband support them a lot. I would like to teach them a lesson and will get mutual divorce... What is the way to put them all in jail. How long will they get ? How long contested divorce will take to come to an end ?
Asked 10 years ago
1. Even if you file case of dowry harassment and tortes, you can apply for mutual divorce later on of both of you so agree.
2. Contested divorce does not see light of the day at least before 5 years.
1) if you want your husband and in laws to suffer then file 498A case for dowry harassment .
2) mutual consent divorce takes around 7 months .
3) contested divorce 5 years atleast
1. You are not obligated to return the ornaments which you received from your husband as they constitute your istridhan which you can retain with yourself even if the marriage is terminated.
2. You may file a case for domestic violence against your husband and in-laws to claim protection from further abuse. In addition thereto you may also file for maintenance.
3. If you wish to separate from your husband then convince him to file for mutual divorce. In the event that he dos not agree to mutual divorce you may unilaterally apply for divorce.
Ok.. If i want to claim a maintenance what is the procedure.. My husband earning 30k per month... But no property in his name... His father got all property in his name and his wife's (Father-n-law and mother-n-law).He has two married sisters.. But word of mouth at the time of marriage his father told us we got own house and property...We thought part /full property would belong to my husband...
Asked 10 years ago
You have to file a case for maintenance in the court to claim it. The property owned by your in-laws cannot be claimed by you as your husband has no right therein. You can claim from only your husband.
Ok...I dont know about his husband's Mindset... If he agrees to for mutual divorce how much should i ask for ? Becuase that alimony amount should serve life long support of myself and my daughters education/health/basic needs/ girly functions and marriage in the next coming 25 years.....I do not have any idea how much do i need to ask him..?
Asked 10 years ago
It is for you to decide how much you have to ask having regard to your needs.
1) you can get RS 10,000 maintenance if your husband is earning Rs 30,000 per month .
2) you have no right on your in laws property
3)it is for you to take a call how much alimony you should seek
Think over and decide the amount of alimony you are looking for from your husband. Property in the name of your in-laws can not be claimed by you. You can get maintenance from your husband.
1) I have done post graduate and worked as a professor in the past for the salary of 10k per month.. Just before marriage i left my job...Will these details affect my interim maintenance/ life time settlement.. 2) If its Mutual Divorce : As i told you earlier he earns 30k per month. Lets assume if his salary increses my interim maintenance amount increases ? 3) If Contested Divorce : Shall i ask him Rs.75 Lakh (25k per month for next 25 years ) + 15 Lakh (My daugter Higer education) + 15 Lakh (My daughters marriage ). Around Rs.1 crore .. Will he agree that ? or Can the court order him to pay that amount..
Asked 10 years ago
1) yes . you are highly qualified . you have worked in past as professor you may not get maintenance
2) madam be reasonable . how can a man who is earning Rs 30,000 a month pay you Rs 1 crore as alimony .
3) if his salary increases you can ask for enhancement in maintenance
1) " May not " means not sure of my maintenance . Whatif i deny to work ? He should look after me and my kid.. 2) Is it not reasonable Ajay sir... Why not ? if you want to normal life you need atleast 25K per month.. I am having kid as well.... I calculated this amount to 25 years.....along with kids education and marriage... Of course he is getting only 30K now.... But this salary doesn't stay like this throughout his life....I can ask if he agrees for mutual divorce only...........
Asked 10 years ago
better arrive at an amicable settlement with your husband . wife who has been working in past and his highly qualified court may not give you maintenance
In these days , 25k to run a family in the city is very norm including education/health/daily needs.... Im only 25 years old Sir.. I guess you are married or have married friends , so you may know how much a single mother with her baby girl might need ?..
Asked 10 years ago
madam but your husband income is only Rs 30,000 a month . with your qualifications you can get a good job too . you have worked as professor in the past
you are right sethi sir...25k out of his 30K is senseless asking... But If i go for monthly maintenance he might pay some amount as per court order for couple of months....but he may deny few months in the middle or entirely in the future.... what can do i do ? Thatswhy as per advice i have decided to go on one-off settlement.... Thats why i calculate like that 25K.. Please advise me how much should i ask ? as my family memebers dont have any clue how much i may need for me and my kid.
Asked 10 years ago
contact a local lawyer . considering your husband limited income you have to adopt a realistic approach . in addition you have worked as professor in the past . you wont get a substantial amount as alimony . .