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Jamai Of Law (propra)     21 September 2010

Cheque given by wife in the name of her husband got bounced?

Cheque given by wife in the name of her husband got bounced?

 

Does that become an office on the part of wife?

 

I believe that 'there can not be any financial transactions/contracts happening between spouses'  They are considered one and the same as a single entity.

 

e.g. I believe that, If by chance wife becomes defaulter in any bi-party civil suit, automatically the first liability goes to her husband even though he wasn't involved in those cases even remotely. Isn't  that correct or not? Please correct me if I am wrong.

 

This Q is linked to matrimonial suit also.

 

Please give your opinions.

 

Thanks in advance.

 



Learning

 4 Replies

Jamai Of Law (propra)     21 September 2010

Cheque drawn on wife's bank account and signed by her

 

and 'beneficiary name' on the cheque is her husband.

 

Adv Archana Deshmukh (Practicing Advocate)     21 September 2010

        Husband and wife are 2 seperate distinct individuals in the eyes of law, they are not one and the same single entities. There can be financial transactions / contracts between husband and wife. Even a husband can sell his property to his wife or a wife can sell her property to her husband, because they are seperate entities.

        "If by chance wife becomes defaulter in any bi-party civil suit, automatically the first liability goes to her husband even though he wasn't involved in those cases even remotely"

This is wrong, because they are seperate and distinct entities and each one has to bear his / her own liability.

1 Like

(Guest)

I agree with Adv. Archana.

1 Like

(Guest)

Sue the wife since marriage as an institution has no value or any meaning left ,IN the eyes of law and society. So "professional lawyers" can make lots of money here. One through NIA and the other through Divorce case. If kids are involved then the third case could be Guardians and Wards Act.

 

A lawyer starts life giving $500 worth of law for $5 and ends giving $5 worth for $500.

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Benjamin H. Brewster (1816 - 1888)


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