• Gave money to husband to his US account not returning back after divorce

Dear Lawyer,

I got married in Kolkata on Dec 2014. I transferred 4.5 lacs INR ($7000) from my HDFC bank account to my husband's USA bank account(Bank of America) who is in USA. 
I moved to USA on Oct 2015.
He cheated on me and we got divorced in USA on Feb 2017 under mutual consent instead of Adultery to avoid any delay, he sent in email that he will return back the money, but he is not returning back, his parents are in Bangalore and he is an Indian resident.His parents are not picking up my phone call Please suggest how to get back the money.

I have bank transaction and email as evidence.
Asked 7 years ago in Criminal Law
Religion: Hindu

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9 Answers

File summary suit under order XXXVII of code of civil procedure to recover your money with interest

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. if he is not returning the money then seeking legal recourse remains only option.

2. For this your can file civil suit for recovery of money .

3. To put pore pressure you can file criminal case if cheating as well.

4. You have enough evidence to succeed in the case.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. You shall have to lodge a police complaint first against him bringing the charge of cheating.

2. After that file a recovery suit claiming back the money he had taken from you on loan with an assurance to return the same which he is not doing now, with interest, damage and cost.

3. Also arrange to get your divorce decree passed by USA court validated by Indian court or otherwise, you shall stay as his legally wedded wife as per Indian law and will not be able to remarry till your said decree of divorce passed by the USA court is validated by Indian Court

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1) it is not necessary to get the divorce decree validated by Indian court

2) if you so desire you can file petition in family court under section 7 of family court act for declaration that marriage is dissolved by US divorce decree

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

I am not sue how the decree of divore on mutual consent will ensure return of money.

There is no separate proceeding to validate decree of divorce passed by American court in india.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Yes, even if you got the decree of divorce in USA on grounds akin to that followed in case of MCD in India, you are required to get the said decree of divorce validated by Indian court.

2. You shall have to file a petition before the local District Judge praying for validation of the said decree of divorce obtained on mutual consent.

3. Had it not been a decree of divorce against an application for divorce filed on mutual consent, there would have been requirement to file a fresh divorce petition in India and not a validation petition.

4. You can get the said validation application (and the Vakalatnama) signed by you notarised by the appropriate officer of your local Indian Consulate and send it to your lawyer in India to file the same before the Indian Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

On the basis of the email contents, you may issue him a legal demand notice instructing him to return the money due to you which he had promised to do it vide the referred mail.

He will give a reply or not, you may take up the matter through court for recovery as per law.

Dont worry if his parents do not pick the call, they have not taken the money from you.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

The divorce is granted by USA court under 'Mutual Consent' both parties participated on Divorce Decree day, please let me know do I need to still get it validated by Indian Court? If it has to be validated in Indian court please let me know the procedure for the same, can it be done while I am in USA.

Firstly you may become aware that the marriage is dissolved by a decree of divorce through court of law on the grounds of mutual consent and both parties o marriage participated in the divorce proceedings.

Thus this divorce is recognised to be valid in India as well, you do not have to file a separate petition to validate the same for any reason and ther is no provision in law for this position.

So be contended that this is valid and you may proceed further based on this on any aspect or subject that you would desire to pursue in this regard.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

1. Your divorce granted by the US court is valid in India as it was based on mutual consent. It is not required to be validated.

2. Since your husband has acknowledged in email that he owes you the amount which he promised to pay you can file a civil suit for recovery of money against him in the court in US or India. If you are residing in US you can file the suit in US court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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