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SHANTANU MISHRA   23 October 2019

Suit for recovery of money from plaintiff's wife

Dear Learned Friends please suggest me if the Plaintiff (Husband) filed a suit for recovery of money from his wife is maintenable? If yes, under what provision of law?


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 9 Replies

Real Soul.... (LEGAL)     24 October 2019

Why not if wife borrows under promise of returning back the amount , and is taken as debt for any activity of business or otherwise she is morally as well as legally bound to pay back. 

TWo things one; WIfe borrows as debt and there is agreement that she will pay back (written or oral)

now if the agreement is not written and oral only then  husband has to do much work to prove is case which can go either way

G.L.N. Prasad (Retired employee.)     24 October 2019

It depends on the purpose and relationship between the parties of that specific transaction..  If both have independent business transactions, then commercial transactions are not barred within a personal relationship.

P. Venu (Advocate)     24 October 2019

What is the context in which the money is due?

SHANTANU MISHRA   26 October 2019

Dear Learned Brothers, Money deposited by husband in the Account of his wife, wife uplifted amount and left the house of the husband and filed divorce suit. what is a remedy to get back the amount from wife?

SHANTANU MISHRA   26 October 2019

Dear Learned Brothers, Money deposited by husband in the Account of his wife, wife uplifted amount and left the house of the husband and filed divorce suit. what is a remedy to get back the amount from wife??

SHANTANU MISHRA   26 October 2019

Dear Learned Brothers, Money deposited by husband in the Account of his wife, wife uplifted amount and left the house of the husband and filed divorce suit. what is a remedy to get back the amount from wife???

G.L.N. Prasad (Retired employee.)     26 October 2019

If it is a Bank account, unless a contrary understanding (either oral or in writing) the money has to be treated as wife's only, and the suit to prove that it is husband's money and kept for accounting adjustments may be tough to fight. (Presumption that the account is not joint account with either or operation)

SHANTANU MISHRA   26 October 2019

Learned Brothers, Please provide me rulings in this matter.

P. Venu (Advocate)     27 October 2019

This aspect needs to raised in the divorce proceedings itself.


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