(dowry)money refund
Guest
(Querist) 05 December 2011
This query is : Resolved
Before marriage my lover(now husband) have got around 1 lak from me.(So called dowry) I have transferred to his friends account. Now he has applied for divorce. I have a bank statement which shows the TPT to his friends account. Now i want that money back from his friends.
1) How to proceed?
2)Any legal notice can be sent to his friends address with the proof to refund the money back?
3)is so, what section should be used for this?
M.Sheik Mohammed Ali
(Expert) 05 December 2011
yes, you can send the legal notice about that money transfer details.
Raj Kumar Makkad
(Expert) 05 December 2011
Without having any written agreement (which is not in your case), you cannot demand a single penny back from the friend of your husband as he can easily say that you had borrowed this amount from her or you had given for a particular job but later on he returned you back in case.
You have to prove your case at your own legs.
M/s. Y-not legal services
(Expert) 05 December 2011
am agree with makkad sir.,
even you can create cause of action for your claim then you can try collect your money from any one another angle.,
Guest
(Querist) 05 December 2011
makkad - No way. How can they prove for returnin it back? I only have the proof for transferrin into their bank account. i didnt get any money from them.
So Can i give legal notice to their friends?
Guest
(Querist) 05 December 2011
Tom - what cause of action?
ajay sethi
(Expert) 05 December 2011
you could have transferred it as a gift . what is evidence on record that money was advanced to his friend for dowry purposes . you dont have any documentary evidence
Guest
(Querist) 05 December 2011
@ajay - then wat to do?
he has ttansferred arnd 1lak from my accound to his frnds..
how to get back it from his frnds?
Devajyoti Barman
(Expert) 05 December 2011
You have to lodge complaint under section 406 of crpc.
If there is any matrimonial suit , you can file necessary petition there as well for return of such money.
Shonee Kapoor
(Expert) 06 December 2011
1. This is not DOWRY (As it was not given as consideration for marriage)
2. For recovery only civil suit is maintainable, which would take ages.
3. If you also want a divorce, sit and discuss, you might get this money back and Mutual Consented Divorce without much bickering.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 11 December 2011
Yes! it's not a dowry but a loan advanced by you to your husband's friend for which you need to issue a notice demanding the sum with in a weak by tpt in your same failing which your intentions to claim interest @13% from the date of service of notice by a law suit provided three years have not passed from the date of TPT transfer in his a/c.If three years already passed you can not realize it by any law suit in courts.
