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DrishyamDrishti (NA)     08 December 2023

Maintenance in marriage

During past 9 years of marriage, Husband took money from wife on various pretexts amounting about 6 Lakhs, promising to return. Though he returned some in small amounts, it was meager in comparison to what taken by him. He left his job 3 times and was not working for about 2-3 years. During that time, wife used to pay for house expenses including his expenses. Now he has joined a job and getting Rs. 70,000 as salary buy but giving only Rs.5000 to wife which is not even sufficient for maintenance of her life. He also pays electricity bill of the house. ( Husband's mother is widow and lives in a separate house with her 2 elder sons. Eldest son has already divorced his wife and remarried by mother's instigation. Mother wants her other son to do the same).

 When asked to return wife's money, it results in fights with physical hitting by husband and threats to abandon wife. What should be wife's recourse ? If gone the legal way, husband is sure to divorce wife (which the wife does not want). Can the wife legally claim for the money given as loan to husband (not asking for money spent on husband or house) ?


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     09 December 2023

If the husband had taken money from her as a hand loan or any other form of loan, then it becomes his duty to repay the loan amount.

She can resort to legal action to recover the amount provided it is not barred by limitation

1 Like

Shashi Dhara   09 December 2023

If he wants to divorce defend it in court.

DrishyamDrishti (NA)     09 December 2023

Thank you sir

T. Kalaiselvan, Advocate (Advocate)     09 December 2023

You are welcome for your appreciations

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