Matrimonial disputes: Kerala HC says courts must not assume bride entrusted gold based on social customs
The Kerala High Court has ruled that courts considering matrimonial disputes must not presume that a bride has entrusted gold to her husband or in-laws based on social customs or as a general practice. The court partly allowed the appeal, directing the husband and his father to return ₹5 lakh with interest at 6% from the date of filing of the original petition and 30 sovereigns of gold, or its market value at the time of payment, to the wife.
- ▪The Kerala High Court has ruled that courts considering matrimonial disputes must not presume that a bride has entrusted gold to her husband or in-laws based on social customs or as a general practice.
- ▪The court partly allowed the appeal, directing the husband and his father to return ₹5 lakh with interest at 6% from the date of filing of the original petition and 30 sovereigns of gold, or its market value at the time of payment, to the w
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The Kerala High Court has ruled that courts considering matrimonial disputes must not presume that a bride has entrusted gold to her husband or in-laws based on social customs or as a general practice. Justice A.K. Jayasankaran Nambiar stated that while considering claims by a wife for the return of gold or money that she brought with her at the time of her marriage, the court needs to look for oral, documentary or circumstantial evidence which can be used to infer if such gold or money was entrusted to the husband or his relatives, or was misappropriated by them.The court held that in the past, the general practice of a bride entrusting her gold ornaments or “sthridhan” to her husband/mother-in-law for safekeeping may not reflect the present, where many well-educated and financially…
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