Professional Documents
Culture Documents
Your marriage may have failed but don't discard the wedding
photographs as bad memories. These can be legal evidence of who owns
the jewellery that you are wearing in these photographs.
Streedhan is assets within a marital household over which only the wife
has ownership. This includes everything bought by her or given to her
before marriage, at marriage or during the period she is married. Also, it
can come from anyone-parents, husband, inlaws, relatives and friends,
or husband's relatives and friends.
Let's see who will be the rightful owner of jewellery (includes ornaments
made of gold, silver, platinum or any other precious metal, stone or any
alloy) and valuables such as paintings/artifacts in some
common divorce-related situations.
Gifts Received
Usually, oral statements are enough. However, ownership can be proved by showing
photographs of the person wearing the ornament,
ANUPAM SRIVASTAVA
Partner, The Chambers of Law
Between husband and wife, it is obvious that the jewellery belongs to the
wife. But controversy arises when the couple stays in a joint family. In
such a case, the husband can claim that the jewellery doesn't belong to
the wife but to, say, the mother-in-law or the sister-in-law.
If one person wants to keep a jointly-held gift, he/she can buy out the
spouse.
Inherited Ornaments
Items Purchased
Though the wife would have the legal right to keep most of the jewellery,
any arrangement that is suitable to both the parties is acceptable in a
mutual-consent divorce.
Tax Treatment
*The print version of this story had erroneously said that the Hindu
Marriage Act was passed in 1995. It has been corrected to 1955.