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Wife claim on money spend from joint account

(Querist) 26 December 2010 This query is : Resolved 
Dear experts, Wife and husband both maintained joined account. Wife's some salary deposited in account. It was used by husband for household expenses and investements on wifes name or miscelleous expenditure. After 3 years wifes started demanding money back with allegations husband has taken money. She has no fixed amount claim and asking for much more then she earned. Is this demand is correct? IF husband is in need of money he cant use wifes money? And wife can ask money that was with spend with her consent?
Arun Kumar Bhagat (Expert) 26 December 2010
All depends upon the merit of the facts. No fool proof advice can be given on these details.
yogesh (Expert) 26 December 2010
Technically, any of the survivor can drawn the money
The court will see the merits of the case
Recently, I heard of the Judgment in which the Supreme Court of India has asserted that demand of money from wife at the time of need is not dowry
The woman with malfide intentions can misuse of the same and should be discouraged by the society and by law where both have equal rights
Arvind Singh Chauhan (Expert) 26 December 2010
I agree with Mr. Yogesh.
Advocate. Arunagiri (Expert) 26 December 2010
Using money from the wife's salary is not dowry.

If it is a joint account, any of them can with draw the money.

They are husband and wife and they are not business partners to look into the accounts.

Accounts will can be seen only in-case of divorce or separation.



Devajyoti Barman (Expert) 26 December 2010
Your wife is only creatng pressure upon ypu for reasons known to her. If that account was jointly operated by both of you and you both contributed in that account then her threat would not yield any of her desirable result.
Kirti Kar Tripathi (Expert) 26 December 2010
Agree with experts. The account in joint name, so money deposited by any person can be utilized by any of the account holder. Moreover,wife and husband are one unit in the eye of law and such withdrawal of amount is not falls within the ambit of dowry.
Adv ramesh chheda (Expert) 27 December 2010
hello hello u r not doing right and u r very much liable for criminal offence of criminal breach of trust. u cannt make use of wife money for u r own benifit . Bechari ne trust kar ke joint account open kiya aur tum refuchakker hone chahte ho. morally also its not correct. So better check u r self.


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