Legal Question in Family Law in India
gifts got during marriage by in-laws
i just want to no that how much right do i have on the jewellery which was given to me by my inlaws ie my husband's parents during our marriage. she is not ready to give me my jewelly back can i claim for it & file any proceedings against her. do i have right on jewellery which i got as gift from my husband's relatives as she has kept everything with her and says tht i don't deserve it. Pls tell me can i take it bak or no
2 Answers from Attorneys
Re: gifts got during marriage by in-laws
You have absolute ownership over all the gifts and jewellery given to you by both the sides - your parents and relatives / friends AND ALSO by your husband, his parents / relatives and friends.
The sum total of all that is given to a bride is known as 'istridhan' and she is the absolute owner of her 'istridhan'.
If her husband / in-laws or any other relative take away any item of her istridhan, she may demand the same back and on his/her failure to return, she may lodge a criminal complaint with the police under Section 406 of IPC. REfusal to return any of istridhan to a bride amounts to 'criminal breach of trust' punishable u/s 406 IPC.
A complaint may be made by the bride or her paretns, brother/sister to the police.
Re: gifts got during marriage by in-laws
Yes you have absolute ownership over the jewllery. You can file a suit u/s 406IPC to get the same .