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.
A.You can file a suit for recovery of money or get it adjusted at the time calculating Alimony
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Chitra Sundar
Responded 4 years ago
A.You and your wife have already approached court. In order to get back your amount, you may discuss return of your amount as one of the terms of a mutual consent divorce, in the event, both of you are agreeing to it. Failing the mutual consent talk, you can file an interim application, claiming these amounts from her or set it off against any maintenance that may be awarded to her. However, you have not mentioned your wife's earning capacity presently and therefore, it is a generalised advice. Pls provide further facts to advice comprehensively.
Dear Client,
If your sister wishes to continue the marriage, then it is advisable to seek the assistance of a marriage/family counselor to resolve the issues. Otherwise, your sister can file a suit fo...
Dear Sir,
It depends upon the circulars issued by the State and Central Government. Normally, the income for the last preceding year will be taken into consideration.
Dear Madam,
All Indian laws are in favour of married women. You can file multiple cases against your husband like Domestic Violence, Maintenance etc., to bring your husband and his family members unde...
Dear Madam,
All Indian laws are in favour of married women. You can file multiple cases against your husband like Domestic Violence, Maintenance etc., to bring your husband and his family members unde...
Dear Client,
In the given scenario, being a Sr. Citizen, you can resolve the issue by exercising your rights available under different laws of the land. Amongst others, you can file a complaint again...
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