Recovery of amount taken by wife
Nirav sharma
(Querist) 09 August 2019
This query is : Resolved
Hello experts
My wife filed maintenance case against me in 2016. During the same time she transferred more than rs 5 lakhs from my account to her account in my absence. In 2018 maintenance amount of rs 7000 p.m was fixed by court to be paid with effect from 2016. I had provided evidence that she has transferred such a large amount to her own account but the evidence was de-exhibited since i was not able to be present for cross examination.
I approached a lawyer in june 2018 to take the matter to high court but till date he has not done anything. Meanwhile in sep 2018 my wife filed a case for recovery of maintenance amount and till date i have paid up rs 100000. The judge says u can file a separate case for recovery of the amount she has already taken.
I would like to know which option is better. Should i try in high court for adjustment of the amount she has taken or should i file recovery case against her? Which option would be less time consuming and effective?
Nirav sharma
(Querist) 09 August 2019
Under which section can i file the case? I have already paid half of the high court fees in advance to my lawyer last year. Still he hasnt done anything in this matter. What do i do? Can i still approach the high court or has the time limit expired?
kavksatyanarayana
(Expert) 09 August 2019
Ji, you change the advocate to file case in HC. and give a legal notice through your new advocate to previous advocate who took advance amount.
P. Venu
(Expert) 10 August 2019
You need to initiate separate proceedings to recover the amount allegedly transferred. How can the High Court adjudicate the issue when you had failed to lead the evidence?
rajeev sharma
(Expert) 10 August 2019
How may your wife transfer amount from your account unless she was having account operating powers or the account was a joint account. What evidence you have that the amount was transferred without your consent. Unless all these facts are with any lawyer one cannot give any opinion.
Dr J C Vashista
(Expert) 11 August 2019
I concur expert opinion of Mr. Rajeev Sharma, your wife cannot transfer even a single penny without your consent or joint account holder.
What is the opinion and advise of your lawyer? Have you lost faith in your lawyer? If so, change him/ her immediately.
It would be advisable to consult another local prudent lawyer with relevant documents/case file for better appreciation and guidance.
However, if you are located in Delhi/ NCR and feel so, may contact me (on appointment) with case file at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # +91 98911 52939 or email: majjagdish@yahoo.com
