SHANTANU MISHRA 13 December 2019

Can husband filed a suit for recovery of money against his wife?

Dear Learned members,
Please help me.
Husband deposited money through NEFT to the Account of his wife and she left the matrimonial home on her own accord and husband filed RCR case against her and the said suit still pending in the concerned court.
My question is that :- Can husband filed a suit for recovery of money against his wife deposited by him for future aspects? If so, under what's provision of law?

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7 Replies

SHANTANU MISHRA 13 December 2019

History :- Husband kept money in bank account of his wife. Wife withdrawal the entire amount without consent and knowledge of husband. Husband may filed Money suit against his wife? If so, then what provision of law?

SHIRISH PAWAR, 7738990900 (Advocate) 14 December 2019

Dear sir,

Husband caanot file money recovery suit in your case.

Regards,

KAMARAJ BHARATHY G (ADVOCATE- HIGH COURT) 14 December 2019

Amount available in bank account being belonging to the concerned account holder. Here, husband has filed RCR not recovery suit or claim petition.

KAMARAJ BHARATHY G (ADVOCATE- HIGH COURT) 14 December 2019

Amount available in bank account being belonging to the concerned account holder. Here, husband has filed RCR not recovery suit or claim petition.

Shashi Dhara 14 December 2019

File suit who knows what happens if it is allowed it comes on AIR orILR if not you loose some money.

G.L.N. Prasad (Retired employee.) 14 December 2019

There was no record on directions of the husband in spending the amount credited that it was lending as per law. These are pressure tactics and let him follow his own whims and fancies which are not legal. The wife can simply tell that money was handed back to him through some x and that x may give witness that the money received from the wife was handed to her husband. Getting such witnesses is not difficult and those cases cannot succeed. The wife can even say that the husband has repaid the money he has borrowed from her/her parents and it is not a lending transaction. Advocates are very smart in such interpreting arguments. Engage a good advocate.

Dr J C Vashista (Advocate) 25 December 2019

Vague, hypothetical and fabricated facts which is prima facie an academic exercise.

However, if there is some truth in the story, it is advisable to consult and engage a local prudent lawyer for better appreciation of fact/ documents, professional guidance and proceeding.