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

Page no : 2

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 November 2011

1. Your money, which you transferred is a gift to the wife in the absence of any agreementr and you can not get it back.

2. Divorce happens on legal grouds, and see that your petition is well drafted and are on true facts.

 

 

 

Regards,

 

Shonee Kapoor

harased.by.498a@gmail.com


(Guest)

your money is your money because when she says it is her money, then yours will be your money... a gift unless attached without a gift deed cannot be a gift even in a divorce suit or marriage gifts...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 November 2011

I disagree with Srinivas.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Adv. Chandrasekhar (Advocate)     16 November 2011

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.

 How, without your knowledge and wthout your written instructions, the money from your account has been transferred to some other's account (may be your wife)?  If it is a joint account and the instruction of transfer of amount s "Either or survival", then you cannot blame your wife for money transfer.  If it has been done by forgery, then the most serious charges of S.420, 468 and 471 IPC will attract, which are more severe than section 498-A, which you are apprehending.

If you gave it as loan, you must show loan agreement to court to recover it and otherwise, you cannot recover it,

If you have given it to her or to her parents through her for purchase of land, you should show some documents to the court to such extent (even correspondence also will be helpful to some extentl), then there is some hope of recovering the amount.  The most important document in this regard is power of attorney or at least some agreement asking them to purchase a land for your sake.

Otherwise, as per Hindu Code, there is obligation on the part of the husband to maintain the wife by providing the lifestyle in which he is living.  So, the courts can presume that the amount which has been given to her (if you prove that fact) is to maintain herself.  In law there is "Stridhan" and not "purush dhan".

At the end, I say Mr. Shonee's suggestion is worth to understand and follow.  If you follow some of the other people, you will be in more mess than the present one.

Krishna Kumar (Business)     17 November 2011

Shonee Sir,

1. Your money, which you transferred is a gift to the wife in the absence of any agreementr and you can not get it back.

if there is no agreement and no gift DEED also, will that money considered as gift? Because we are giving money to relatives in the presents of confidence they will not cheat. Please let me know is there any way to get the money back.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 November 2011

Yes between Father and Son

Between Husband and Wife etc etc

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Sudhir Kumar, Advocate (Advocate)     04 December 2011

You say you want your money first.  Is it such  big amount that you can afford your entire family to be in jail, your pious mother living with prostitutes in a single outlet cell............? Mr Sonee has commented well.  You are not getting the money back and certainly you are getting dowry case. The fact of you being away from India and your parents not livingwith your wife is a seperate matter which will not come to much of your rescru.

Shivaji Rao (worker)     05 December 2011

wife and in laws are threatening with 498a (after 2 yrs of wilful desertion by wife)...to extort money from husband.

Can we go for quashing(498a) if filed as it has been more than 2 yrs? along with proofs showing husband has transferred money to wife.

Any suggestions?

 

in the process of getting AB for my parents/sisters/brothers

 

Sudhir Kumar, Advocate (Advocate)     05 December 2011

you say that wife deserted you 2 yr back they will say that you threw her out 2 years bak and now demanding dowry to accept her back. Only she will be believed not you.

Shivaji Rao (worker)     06 December 2011

my question is ..what are the chances of quashing 498a, if filed after living seperately for 2 years?

documents whihc I have is ...money given to wife.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 December 2011

Shiva Ji Rao,

 

The chances are there, but it would all depend upon the allegations in the FIR.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Shivaji Rao (worker)     07 December 2011

is there any clause in MCD petition that can be put so that when ew go for ssecond motion wife can not file dowry case or even if filed it can be quashed?

Sudhir Kumar, Advocate (Advocate)     07 December 2011

Atleast I could not understant as to what do you mean by saying "      is there any clause in MCD petition that can be put so that when ew go for ssecond motion wife can not file dowry case or even if filed it can be quashed? " You cannot expect lawyers and advisers on this forum to be magicians who can ansser to you query without full facts. You are posing vague question after question. Loser will be none else than you. Based on available facts each one has advised you that you are not getting the money back?

Plese tell (i) are you interested in divorce (ii) is your wife also willing of mutual divorce.

Further the moment you demand the money you are in a 498a case. Onus of proof on you.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 December 2011

No there can not be any such clause.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

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