Wife Can Claim Return Of Gold Ornaments Under Prevention of Dowry Act Only If She Proves Entrustment To Husband: Kerala High Court
Live LawThe Kerala High Court on Tuesday observed that gold ornaments kept in a locker in the wife’s name cannot amount to the entrustment of the ornaments to the husband or the husband’s family and thus recovery of the same cannot be initiated along with divorce proceedings. Ajithkumar said that in the absence of enough evidence that the gold ornaments given to the wife at the time of marriage was entrusted by her to her husband or her in-laws, it would not be possible to recover the same under the Prevention of Dowry Act, 1961. In such a case, the wife would succeed in recovering the gold ornaments entrusted under Section 6 of the Act. The court refused to interfere with the findings of the family court, and concurred with its view that there was lack of evidence to show entrustment of gold ornaments and hence it could not be recovered by the wife under the Dowry Prevention Act.
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