Hello,

No you are not liable to return the money, after the divorce you are just liable to abide by the terms of the divorce failing which you are not liable for anything.

Regards

Since, this isn't a debt, you are liable to refund nothing to her.

You are not under a legal obligation to succumb to her demands.

After passing the award in April, 2016 under mutual consent, you are not legally bound to do so.

In my advise she has no locus to claim the said money.

However, as a matter of fact she has the right to file FIR (fate of the FIR is the thing to follow)

Therefore, probably she is trying to extract money from you since you are not based in India.

If that is a huge amount of money or you do not want to return, then let her lodge an FIR and as soon as she lodges an FIR file a case in the HC for FIR quashing.

Regards

Hi, her claim is not relevant at this stage , as she would have claimed it during the mutual consent proceedings , if it was given to you as a liability ..

1) how much is amount claimed by wife ?

2) I presume you have not acknowledged your liability to pay said amount to wife

3) deny your liability to pay said amount as it was towards family expenses

1) in case suit is filed contact local Lawyer and file detailed reply denying the allegations made in suit

2) your personal presence is not necessary except during trial of case

3) suit would take 10 years to be disposed of

1. If the said transfer of money to your account was done for a particular purpose and if the terms of the MCD does not mention anything about refund of the said amount, then you are not legally bound to return the same.

2. She can only get the said amount refunded by you with court order, if she can establish that it was transferred to you as an amount of loan given to you which was agreed to be returned by you to her in due course of time.

1. Is the amount very substantial?

2. If she files a Recovery suit against you, it will be a civil Suit and not a criminal case for which you can contest it fittingly.

3. Engage a local lawyer having expertise in this filed to contest the civil case, if filed by your wife claiming refund of the said amount.

4. You can execute a POA in favour of anybody in Kolkata to represent you ordinarily while pursuing the case.

1.You ahev alre3ady got the divorce and if your wife is emoloyed then you have no libality toaintain her anymore.

2.Similarly she can not demand any return of money even if she may had sent you earlier.

3.Do not worry as no case of any merit can be filed against you.

4.You can always execute a POA to make your family members represent you in court in your absence.

It will be difficult her to prove that it is for your studies. Hence, do not worry. Let her file the suit. You can defend the case. You can give power of attorney to somebody in India to contest the case.

You might have entered into Memorandum of Understanding at the time of mutual consent divorce. You might have given permanent alimony to her. Once you have given permanent alimony, there ends the matter. Now again she cannot claim any amount.

Don't worry. She will not be able to recover now. Don't give any confirmation of receipt of money or return. Don't reply anything about money refund etc.

You need not to come to India and a lawyer can handle your case here in your absence.

Regards

GMGupta

Hi

Your query itself has answer to your doubt.

Firstly check / peruse terms and conditions of your Mutual Consent Divorce (MCD) the same will give you total clarity.

The terms and conditions i.e., claims and counter claims against each other should have been captured in the said MCD and might have mentioned that "ALL CLAIMS OF EITHER PARTY ARE SETTLED ...............".

It may not be right time to question the Legality or Veracity of her demands.

However, you can take a call on her demand.

Our Suggestion:

Suggest you to go by T & C of your MCD, if the said demand of your wife is taken care in said MCD politely & diplomatically deny the same IN WRITING under proper acknowledgement, but if the same is within your reach honour it after talking to your family members and well-wishers.

Do not precipitate the matter, buy peace (sell off evil) and live happily. Whatever payments you make to her shall be through Bank only (in case if you happen to do so).

In response to your second query, you need to prove the same if she goes into litigation mode, for all practical purposes your T&C of your MDC will come for your rescue.

In case if you have any doubt, you may share the copy of said document with us on perusing the same we may guide you properly about your next course of action against her demands.

Live Happily !!

You can appoint any trusted person in India who will fight on behalf of you by way of making the special power of attorney.

She may claim refund on the basis of the record she may possess.

You can reject her claim on the basis of the practical situation you rely upon.

As a matter of fact it is the duty of the husband to maintain the matrimonial home.

It depends on how you convince the court about this.

Please be aware that there is no specific law on this, it purely depends on how you defend yourself.

If you are in a foreign country, she will not be able to execute the decree even if she may be able to manage a decree in her favour.

You can remain silent on her claim without any response, let she become tired of the claim and approach court.