Legal Advice

Could I get my jewellery and share in the property on divorce

Shivendra Pratap Singh


High Court Lucknow

Family Law | Marriage

Reading Time:

Question asked on: 21 Jul, 2019

Husband drove me away after eight years of marriage. We have a property in which I invested 80% and my jewellery. Also, there was domestic violence. I filed a police complaint. We adopted a baby girl, and they kept the baby. If I file a divorce case, will I get my jewellery and 80% of my share of the property? Cant take the responsibility of baby as I have medical issues. Also, I m staying alone doing my job. Please suggest.

Question from: Kerala

Yes, you can get your jewellery and share in the property. You said that you had paid 80% of the amount in the purchase of the property. Therefore you have the right to claim partition and separate your share. In addition to it, you can sell the property to the extent of 80%.

As far as your jewellery is concerned, it is your Stridhan and you are the absolute owner of it. Then you can claim to take back that jewellery anytime. Not necessary to wait until the order of divorce to get your jewellery from the custody of your husband. Your husband has no power to keep that jewellery in his charge.

You said that your husband had driven you away from the matrimonial home. So it proves that you have sufficient cause to live separate from your husband. If there is any ground exists, as mentioned in section 13 of the Hindu Marriage Act, then you can get a divorce.

You have adopted a baby girl because you cannot beget a child. According to the Hindu adoption and maintenance act, when a married woman adopts a child, consent of the husband is mandatory. If the adoption is valid, then you can claim maintenance for your child under section 125 of the code of criminal procedure.

You can claim the return of jewellery without waiting for the final order of divorce petition. You can also sell the property to the extent of your share without waiting for a divorce. It is your self-acquired property, and you are the owner of the 80% area. Therefore you have an absolute right to sell or segregate your property.