Recovery is legal ?
Guest
(Querist) 28 December 2010
This query is : Resolved
My husband is not ready to live with me, i have tried to reconcile in several ways, have written him emails 100 times but he is adament for a divorce, now he is saying me that iam educated and not from that poor family so he won't give me any maintenance, not a single rupee. He has already spolied my life. Now my question is can i ask my husband to return all that money which was used by my father in our grand wedding, all that expense of gifts, jwellery's and clothes, and the expense of wedding, can i ask that money back as recovery ???? Is it legal ???
adv. rajeev ( rajoo )
(Expert) 28 December 2010
It requires evidence that you paid the money for the grand wedding. Off course there wont be any evidence, but court requires always documentary evidence.
Why don't you seek maintenance?
s.subramanian
(Expert) 28 December 2010
No. You cannot seek the return of that money since it has been spent for your marriage. You were also an integral part of it and enjoyed the benefits of the marriage as far as possible and practicable. How can you ask for the return of the same? You have the right to claim maintenance,if you so desire.
Kirti Kar Tripathi
(Expert) 28 December 2010
In these circumstance, my opinion is first you file the case of maintenance. This will put pressure on your husband. So far as gifts, jwellery's and clothes etc, is concerned, it is your Stridhan, you can very well claim but expenses of marriage can not be claimed.
Advocate Bhartesh goyal
(Expert) 28 December 2010
Yes,You can claim jwellery,gifts,cloths & other items which are stridhan but can not claim expenses of marriage.
Gulshan Tanwar
(Expert) 28 December 2010
Agreed with all Ld. Friends and also you have to go for RCR first and then try for the Divorce as through RCR you will get some concrete evidence in your favour and the rest the Lawyers in the case will do.
N.K.Assumi
(Expert) 28 December 2010
Agreed with Goyel, and you also claim mainteinance.
Guest
(Querist) 28 December 2010
Thankyou all.
Sachin Bhatia
(Expert) 29 December 2010
You can not ask to return the money spend in your marriage but you can recover the dovery articles which were given to you at the time of your marriage. You can claim maintance from your husband despite that you are educated.
Arun Kumar Bhagat
(Expert) 06 January 2011
You will get all, file 498A IPC case and a case under sec 12 of PDVAW Act.
