2 Answers
Dear Client,
You are definitely not required to return the mangalsutra; the law is quite clear on that. In fact, under the established legal principle of streedhana, the mangalsutra is completely and exclusively yours as an individual and under the law. The Madras High Court (CRP (PD) No. 3303 of 2018 [A. Prabha v. A. Parselvan], dated: 12.08.2020) has held specifically that when a husband gives gifts to a wife at the wedding, those gifts are considered as part of the wife's streedhana.. The Supreme Court in the landmark judgment of Pratibha Rani v. Suraj Kumar (AIR 1985 SC 628) settled this position definitively. Properties gifted to a woman before marriage, at the time of marriage or at the time of bidding farewell or thereafter are her Streedhana properties it is her absolute property with all rights to dispose at her own pleasure, and the husband has no control over her Streedhana property. Streedhana property is essentially what is gifted to a woman before marriage, at the time of marriage or at the time of bidding farewell or thereafter, and the husband holds no title over it. If he attempts to take it back, he can be prosecuted for criminal breach of trust under Section 316 BNS (formerly Section 406 IPC).
On the finger ring gifted to your son, the position is equally clear. A gift voluntarily made to a child by a parent is complete and irrevocable under Section 122 of the Transfer of Property Act, 1882, which states that a gift once accepted cannot be revoked except on grounds of fraud or undue influence neither of which applies to a loving gift to a child. The Supreme Court has held repeatedly that once a gift is made and accepted, the donor loses all rights over it. The divorce of the parents has no bearing whatsoever on a gift already made to the child.
In practical terms, if your husband attempts to forcibly take back either item, file an FIR for criminal breach of trust and also seek a civil injunction from the Family Court restraining him from interfering with your son's property and your Streedhana. The law is entirely on your side on both counts.
I hope this helps, and if you have any further issues, do not hesitate to contact us.
Dear Client,
Generally after divorce your husband does not have a right to take back a mangalsutra gifted to you
or a ring gifted to your son, because gifts given to a wife at or after marriage are usually treated as
her personal property, and a gift to the child belongs to the child. Unless the item was only kept
temporarily or there is clear proof that it was never gifted and was merely entrusted for safekeeping,
he cannot simply demand them back as if they are still his property. If he is pressuring you, keep
proof of who gifted what, and do not hand over the items without a proper written settlement or
court direction.
I hope this helps and if you have any further issues do not hesitate to contact us.