ialsoexisit (university) 27 December 2016

Question about financial and family dispute

Dear Members, I had earlier posted a query regarding monetary and marital dispute. My wife who had held an ineligible NRE account, she has behaved in a manner amounting to CRUELTY. She cannot have children due to medical problems. I am preparing to file Divorce petition under the grounds of CRUELTY and desertion one lawyer told there is sufficient grounds and evidence for this.

I had sent joint account application with my documents, she came to India and opened a single account. Not knowing that i name is not jointly held in the account, i had sent huge sums of Money from a foreign country, and she was all the time staying with me in dependant VISA, she has no source of income. All the money was in NRE account linked fixed deposits, i was nominee in all fixed deposits.

During the marital disputes other than money, she threatened that she will not return a single paise, all money is in her name, if i do not obey her, go back and live with her. Due to marital dispute, since 2 years, first i sent a stop transaction since bank manager told me my name was not linked in the account, it was a single account (no joint holder) on advice of lawyers i filed and injunction suit against bank (1st) and her (2nd). However, at the time of filing injunction the NRE account had ceased due to loss of her non-resident indian (NRI) status, so it was converted in savings account, and the amunt was withdrawn the bank replied this in the court order. I am planning to file a divorce petition,we will include money issues also in the grounds i have a few questions to the experts here 1) will the family court consider, the money she already has walked away with either if she files for interim maintenance or when the court will one day pass the divorce decree and decides on alimony, she has BSc and MSc (nutrition) we have no kids. 2) will it be a good idea to first file a case of recovery of money from wife or send her a legal notice to return the money, before filing divorce petition. Waiting for your replies

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Originally posted by : ialsoexisit
	Dear Members, I had earlier posted a query regarding monetary and marital dispute. My wife who had held an ineligible NRE account, she has behaved in a manner amounting to CRUELTY. She cannot have children due to medical problems. I am preparing to file Divorce petition under the grounds of CRUELTY and desertion one lawyer told there is sufficient grounds and evidence for this. I had sent joint account application with my documents, she came to India and opened a single account. Not knowing that i name is not jointly held in the account, i had sent huge sums of Money from a foreign country, and she was all the time staying with me in dependant VISA, she has no source of income. All the money was in NRE account linked fixed deposits, i was nominee in all fixed deposits. During the marital disputes other than money, she threatened that she will not return a single paise, all money is in her name, if i do not obey her, go back and live with her. Due to marital dispute, since 2 years, first i sent a stop transaction since bank manager told me my name was not linked in the account, it was a single account (no joint holder) on advice of lawyers i filed and injunction suit against bank (1st) and her (2nd). However, at the time of filing injunction the NRE account had ceased due to loss of her non-resident indian (NRI) status, so it was converted in savings account, and the amunt was withdrawn the bank replied this in the court order. I am planning to file a divorce petition,we will include money issues also in the grounds i have a few questions to the experts here 1) will the family court consider, the money she already has walked away with either if she files for interim maintenance or when the court will one day pass the divorce decree and decides on alimony, she has BSc and MSc (nutrition) we have no kids. 2) will it be a good idea to first file a case of recovery of money from wife or send her a legal notice to return the money, before filing divorce petition. Waiting for your replies Read more at: https://www.lawyersclubindia.com/forum/Salary-attachment-145409.asp

In the course of marriage whatever money you gave her, what gifts you showered on her or the money and gifts that your parents gave her.. all are rightfully hers and legally you cant do anything regarding it to claim it back, provided you are not a Hindu. In turn, you need to give her back any cash that she got as gift at the time of marriage or after marriage or any gifts that she got during marriage or after marriage as it is her Stridhan and rightfully hers, if you fail to do so, she can move court and make you pay for it. In short, she made good with the money and you are left clasping your hands that’s all.

If she is educated, bring that to the notice of the court so that court wont order alimony for you to pay.

Give pay slips, old banks statements where her salary is reflected.

You can file divorce right away based on desertion. That’s the only blow that you can give her. Be prepared to take more blows from her, jab jab jab, dodge. No pain.. that’s what Rocky (Sly) said.

whatnot 27 December 2016

Your first priority should be ercovery of money. Divorce and separation may come later.

If you are in touch with bank and they have frozen bank account, so money is there and neither your wife or you are beneficiary at this monet.

The kind of visa your wife had plays an important role. Was PR to Malaysia was done? Or was it dependent visa?. If dependent visa did it had a cluase she is not permitted to work unless she obtains separate permit?. You have a trail of paper documents which proves money that was sent was yours (from your bank account in aborad and her papers of not working)

Along with these, you can file a cheating case of your wife , finanical conspiracy, FERA voilation, Income tax cheating. Also appoint lawyer to negotiate with the bank and accuse them of co-conspirators. They will spill beans in order to save their own skin.

More importantly you should ask for original apllication copy which proves criminial intention.

Once you prove her criminal intention you can move to divorce.

If you go and apply divorce in spite, she walks free. And you will be slapped with maintainance to add insult to injury.

She being a legal wife while she consipres of criminal activity is way move forward. She needs to be under your sponsership.

Secure money. She will bend her knees automatically.

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ialsoexisit (university) 27 December 2016

Dear Sir,

Thak you for your time and advice. My replies to your questions are below.

Was PR to Malaysia was done? Or was it dependent visa?. She had DEPENDANT PASS not a PR to MA;AYSIA and hence she CANNOT WORK.

If dependent visa did it had a cluase she is not permitted to work unless she obtains separate permit?. NO she cannot work and she cannot show a single penny as he OWN source of income.

You have a trail of paper documents which proves money that was sent was yours (from your bank account in aborad and her papers of not working)

YES, all documents of TELEGRAPHIC TRANSFER with my NAME (as in passport) sender and recepient (her relationship to me), her name as in Passport), though Malaysian BANK as telegraghic transfer, indicating the NRE account number.

She used the orginal documents to open NRE account in State Bank of Mysore, but some how managed to open NRE acoc*nt in ANDHRA BANK in her OWN single name, my name is not even there as a nominee.

At the time of filing injunciton suit the NRE account had ceased to be becoz of she had lost NRI status and i i had sent already sent a legal stop transaction notice to the bank. They were aware of the circumstances.

I will discuss with lawyers about the options given.

Many thanks again