What is best option to claim amount given on account transfer as loan to wife
3 years ago
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.
Chitra Sundar
Responded 3 years ago
Ayantika Mondal @ Prime Legal
Responded 3 years ago