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Shivaji Rao (worker)     12 November 2011

Husband's money with wife, husband asking to return it

may be I have asked a similar question...husband's money is with wife; husband asking for it from wife or wife's parents be considered for dowry or 498a section?


 28 Replies

Nadeem Qureshi (Advocate/     12 November 2011

dear ayush come with detail facts

Rajeev Kumar (Lawyer/Advocate)     12 November 2011

Dear querist, your money with wife can be proved by you that you have given her and that's why you asking for wife. Though both of you want divorce by mutual consent then needn't to worry. I would like to clear the concept of 498a it is related to cruelty by husband or relative of husband for any unlawful demand but not related to dowry act


you need to have proof that its your money... owise you will be harassed for dowry or 498a also by cheats...

**Victim** (job)     12 November 2011

@ Ayush,

Just be careful asking for these things right now. You will be harassed with 498 (a) i suggest leave money for a time being and when you come to mutual consent with your wife  that's when you ask for money. I am telling you from my personal experience and i learnt this hard way.....

Shailesh Kr. Shah (Advocate)     13 November 2011

please come with details.

Shivaji Rao (worker)     13 November 2011

@Nadeem, @Shailesh: 

Money has been transferred from husband's account to wife's account over a period of 3 years (with and with out the knowledge of husband). Husband has bank statements showing the transfer of amount to wife's account.

Husband in USA and wife in India, now wife wants divorce and not returning husband's money.

@Rajeev: Wife and her parents threatening 498a or dowry case against husband's family.

Husband's parents never lived with wife, can husband's parents still get affected due to 498a, just in case it is filed. husband and wife have been living seperately for more than an year.





Forget all about it. If you give you money to a highway bandit then do you think he'll give it back to you?

Dr J C Vashista (Advocate)     13 November 2011

question is vague and without details of the money given on what account and why do you expect return from wife?

The circumstances explained do not attract Section 498 A IPC

Shivaji Rao (worker)     13 November 2011

@Maj: Husband has transferred money to wife to buy the land in India through in laws. Wife has extra marital affair and wants divorce; when asked about money to be returned in this context; wife an in laws are threatening with 498a case. let me know if you need any other information


Truth now. Give her divorce first as she wants it. Then for money file a case of cheating, criminal breach of trust whatever. But she won't give back money so easily as some may have suggested. All lawyers talk big first,then suddenly fizzle out.


Simply get rid of her money or no money which in any case will be gobbled up by lawyers Chartered accountants, Income Tx department and bribing court clerks. Divorce her and forget the money part if you want to start life afresh.

Roshni B.. (For justice and dignity)     13 November 2011

Originally posted by :Curiousty Kill the Cat
gobbled up by lawyers Chartered accountants, Income Tx department and bribing court clerks



That's the beauty of India.This is what makes us different from other nations..   :)


Shivaji Rao (worker)     14 November 2011

@curiosity kill the cat: 

After divorce, can we file a case of cheating? if so, how to go about it.

wife got money from husband with or with out his knowledge, so how can we file a case of cheating after divorce.



AYUSH: Lodge a complaint with the police very quietly just a month before the divorce is allowed. Get a receipt viz. police stamp with signatureson one copy of your complaint. They will make a diary entry. Once you get that walk out and if cops ask questions, make up an excuse and promise that you'll come[they'll be too happy]. In 24 hours they'll forget it. But you will have a proof that you filed the case before the divorce was granted. So you filed the case when divorce was not granted. Once you get the divorce decree in your hands, pursue the complaint with full vigor. For mutual consent divorce 6 months waiting is required. In the complaint make her family members a party also and if you know the details of her paramour, make him party no. 1. She won't walk out of the divorce because of her love affair. Even if she does that she'll pay back the money or else end up behind bars. Assuming she walks out of the divorce, you'll still get back the money . For further questions email me or fax me. If she files 498a it'll be struck down by higher courts as an afterthought/vendatta ground.

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