Divorce money given to wife in cash

Dear Client,
You can mention the payment of Rs.20 lakhs in cash to your wife in your written statement supported by an affidavit and can file the same in the Court, but in the absence of any documentary evidence supporting the transaction of cash between the parties that may not be admitted in the court for lack of evidence. Instead, on the objection of aggrieved party, such a statement may land you to face prosecution for making false statements made under oath in a court proceeding or affidavit under Section 340 of the Cr. PC(now replaced by Section 379 of the Bharatiya Nagrik Suraksha Sanhita (BNSS) apart from penalties for violation of Sections 269SS, 269ST of the Income Tax Act, 1961 that restricts/prohibits the cash transactions more than prescribed limit and equally apply to personal transactions between individuals, including friends or relatives. Hence, it is recommended to consult with an experienced divorce lawyer to understand your rights and remedies to navigate the issue effectively.

Dear Client,

Yes, in your written statement before the court, you can mention that you have given Rs. 20 lakhs to your wife in cash during the marriage, even if you do not have documentary proof or a bank transfer record.

It is important to clearly state the facts as per your knowledge and circumstances. While mentioning this fact may help in presenting your version, the court will place more weight on evidence, so lack of documentary proof may affect the impact of your claim.

If you have any indirect supporting evidence such as withdrawal entries from your bank statements, witness testimony from family, friends, or others present during transactions, or any text messages/emails referencing such amounts you should also refer to and produce those to improve credibility.

Be truthful and specific in your affidavit, and let the court consider your statement as part of the overall evidence in deciding the question of alimony.