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Nikhil Kumar G B (Lawyer Office)     13 May 2020

What is best option to claim amount given on account transfer as loan to wife

I would like to inform you that Smt. C Savitha married to me Sri. G B Nikhil Kumar on 30th January 2015. This is the second marriage of Smt. C Savitha and she had earlier married to one Sri. Manoj K and out of their wedlock they had two sons Sri. M Krishna & Sri M Ganesh. Due to the differences between the husband and wife, I Sri. G B Nikhil Kumar had to leave the house and started living separately from my wife and her childrens. In the meantime, Smt. Smt. C Savitha filed a petition for restitution of conjugal rights under the Hindu Marriage Act against me Sri. G B Nikhil Kumar in the II Addl.Family Court at Mysuru and the case is pending for adjudication. In the meantime, I Sri. G B Nikhil Kumar filed a petition for Divorce under the Hindu Marriage Act Under Section13(1)(ia) against Smt. C Savitha in the II Addl.Family Court at Mysuru and the case is pending for adjudication. During my stay with Smt. C Savitha, I gave as loan huge amount of around Rs.3,46,761/- for her Silk Saree Business though my credit card along with payment of interest of around Rs.5,50,000/- to credit card outstanding due amount spent for saree business for four years and, also transferred huge amount of around Rs.10,00,000/- to her on opening new account for her, payment of her loans and other business. Now I would like to understand whether I could have option under law to claim that amount and get back, as I not gave her these amounts for day-to-day expences and not as a gift. Kidnly request suggestion.


 3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     13 May 2020

1. IF you have shown the said amounts as "Loan" in your Income Tax Returns, THEN you may file Civil Court Recovery Suit against Wife to recover the money with Interest. Obtain Bank Statement and Balance Sheet /ITR of Wife, which will show how she got the said amounts.  Use this to strength up your case which will be helpful in Divorce matter.

2. IF above is not true, THEN Wife will claim that it was gift received from you husband and you cannot do anyting about it.  Get Divorce and forget her.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Vishnu P Sopanam   13 May 2020

life and money .two great losses.anyway I have the same opinion given by Agarwal ji.

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     14 May 2020

Better to filed recovery suit or wait to adjust.


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