Mr.Sagar Mr.Sagar

2 years ago

1.I have filed restitution of conjugal rights & decree is due by end of month. My wife has transferred 26Lakhs(life time savings) from my account to her account using mandate & left my house along with kids. Do i still need to give alimony if I apply for Divorce?
I have no job since 1year now
2.If not ,will I be liable to bear children's education till they are major?

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Rs.26 Lakhs taken by her without permission will be considered towards her alimony and educational expenses of your children if you seek for divorce. To lay a foundation you may file a complaint with police under Section 406 of IPC in respect of above amount.
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406. Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.


I could have explained more if background is known to me.

Please give me FIVE STAR if satisfied by my answers.

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Adv . Shirish Patil

Responded 2 years ago

A.Sir, in this case, if there are objections regarding this transaction you can very well send a notice or make a complaint regarding this transaction. In another option you can show this transaction as agreed settlement between both parties for divorce and take this defence at the time of argument for maintainance#
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.You have not specified what your wife's stand point is in the Restitution of Conjugal Rights case. It is also necessary to know how your wife transferred Rs 26 lakh from your account without your consent .
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Anik

Responded 2 years ago

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A.Dear Client,
You need to show that with that money your wife can live a happy life and maintain your children well and you also need to show that if your wife earn a good amount. But in case where she shows that she need more maintenance and if court think that reason is sufficient then they will direct you to grant her maintenance for maintaining her and children as well.
Thank You.
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