Need help on this
Parnika
(Querist) 10 April 2023
This query is : Resolved
Dear All Good evening I have a query and hoping that i will get relevant answers here. My husband and myself got divorced under mutual consent. Now I did not want the divorce, my husband forces upon me because he was seeing someone else and wanted to get married to her. My wish and want didn't help and we finally went for mutual i did not demand for alimony.. he came up with a figure of 60lakhs and upon divorce gave me the cheque. I deposited the amount and my life was just goin fine . Suddenly after 2 yrs he comes back and says ... He made a mistake and wants his family back ( me and my son) after a lot of thinking i decided to go back to him for my child. Now I left my job and joined him ... So now he says his 2bd wife needs alimony and he doesn't have the money... If i give him that amount which I got from him as alimony, he will pay her and we can get married again , else it's a long process and will take time... Without even thinking i gave him all the money to give his 2nd wife and get away with it. It went as per plan and we got married and after 3 yrs that we are together.. we started developing issues again... The same old... Extra marital affair etc (which i don't want to disclose here) and it started affecting my mental health. Now he knows i am dependent and don't have any money... He says i can leave the house and go and let him live peacefully. I asked him for the money and said when he was in trouble I helped him with all the money even if it was his wrong doings .. now when he wants me to go, then he should settle me also... Right! To which he says that alimony money was never yours , it was that women's and i gave it back to her . Now I want to know is it humanly possible to be this... Is that now my money what the court granted me . Can't i claim that money . I need clarification on this please Thank you
Read more at: https://www.lawyersclubindia.com/forum/alimony-money-228837.asp
T. Kalaiselvan, Advocate 
(Expert) 12 April 2023
You cannot claim the money what you have given it to him voluntarily. The money was yours but you had given it away on an emotional fit at that time, now there is no point in demanding the same when he is reluctant to return, however you can claim an amount afresh now by filing a petition seeking permanent alimony.
