• Any legal point to threaten wife to take 498a cases back or agree alimony amount affordable to me

The marriage year 2011 & I stayed wife for almost 7 years.
Wife has Business registered in Mumbai along with Elder Sister.
I have given Wife Business loan in the year 2015 by NEFT transfer in lakhs against in her Business current Account.
Details of Bank NEFT is available with me as a record.
Now 1 year back Wife filed IPC sections 498a,504,506 in FIR & I have then filed for Divorce.
I got AB & now the matter will come in court for hearing soon.
Now my questions are since I haven’t got a divorce yet.
Can I claim my money back legally by logging some IPC sections as I haven’t got any money yet from her Business side?
If I can’t claim Money before Divorce or till my Divorce proceedings are on.
Then how do I claim my money back if not During/before Divorce?
Or is it legally viable to claim Money after Divorce also?
In short, I want to find any Legal angle which can put pressure on my WIFE to agree on alimony which is negotiable & affordable to me.
Can I use this point or any other legal angle to threaten her to take 498a cases back or agree on small alimony amount affordable?
Currently, the wife is asking 25 lakhs as alimony & I can’t afford this whereas my Loan to her business almost amounts to 7-8 lakh by now including interest.
My next counseling date is near & we need to agree on some alimony amount.
Asked 3 months ago in Family Law from Mumbai, Maharashtra
Religion: Hindu

You can at the most file cheating complaint or criminal breach of trust in criminal law. Yes you can try to use the same but I wonder it will work.  You can oppose the alimony and contest the case. 

Prashant Nayak
Advocate, Mumbai
11647 Answers
18 Consultations

4.8 on 5.0

See to recover the business loan you can file a suit no IPC on same is applicable.

You can recover money during or after divorce in the limitation period.

See you can file suit to recover the amount that can make little pressure on them otherwise if the  case is strong and she have proof.or witness she might not agree to.settlw and quash cases.

 

Shubham Jhajharia
Advocate, Ahmedabad
18231 Answers
71 Consultations

5.0 on 5.0

You have no evidence that  money was given  to your wife as business loan 

 

2) your claim would be barred by limitation as money was advanced in 2015 and no proceedings were taken by you within period of 3 years to recover the money 

Ajay Sethi
Advocate, Mumbai
65453 Answers
3961 Consultations

5.0 on 5.0

1. Yes, you can file a civil suit for recovery of money for the accommodation loan you provided. It has nothing to do with the suit for divorce.

2. Do not get worried much about the 498A case as the same would end in your acquittal. 

3. There is no need to agree on her extortion demand. File civil suit a well criminal case of cheating, she often surely come forward to settle the case amicably. 

Devajyoti Barman
Advocate, Kolkata
17474 Answers
248 Consultations

5.0 on 5.0

you can file suit for recovery of money as the transactions have been done through NEFT, 

file the suit at earliest,

another option is to make a police complaint about cheating but that won't work,

as per my opinion, the only option is to go for a suit for recovery,

once you file the suit, maybe she agrees on a low ALIMONY amount,

Suneel Moudgil
Advocate, Panipat
1076 Answers
1 Consultation

4.3 on 5.0

Dear Querist

immediately issue a legal notice to her and her sister and claim you amount lend by you for their business. if after receiving the notice they are not ready to make the payment than file a civil suit for recovery against them before the civil court of your area along with the interest and compensation.

 

as her sister will also be party in that case, this point may create pressure upon her and may be she agree for settlement as per your terms and conditions.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5304 Answers
256 Consultations

4.9 on 5.0

Have you shown that amount in your IT returns given as interest free loan ?  You can include that amount in alimony that you supported her in setting up her business.

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

1. The money lent by you, if you have any evidence for that, can be demanded for repayment, you dont have to look for IPC for this, you can file a money recovery suit by issuing a statutory legal demand notice, provided it is not barred by limitation.

2. You can file the money recovery suit now also which may put pressure on her to some extent

T Kalaiselvan
Advocate, Vellore
55296 Answers
674 Consultations

5.0 on 5.0

Dear sir

You can file recovery suit against your wife's business by making her firm and partners as party of the suit. 

Yes you can use this as a tool to get her case withdrawn and don't give her anu threat directly or by written means. 

She can't claim any alimony amount from you the only thing she can get is maintenance from you that too if she is not able to maintain herself.

Mohit Kapoor
Advocate, Rohtak
2690 Answers
1 Consultation

5.0 on 5.0

You need grounds for limitation that is day to day explaination on account of which delay was caused. Like regular promise in written oral or notice given by you to them

See the loan was given to firm/company which is separate entity so basically same cannot be ground for delay condonation. 

See the word market rate I don't know who told you is wrong the court on case to case basis decide same.

 

Shubham Jhajharia
Advocate, Ahmedabad
18231 Answers
71 Consultations

5.0 on 5.0

You can condone the delay showing it recurring cause of action as she promised to return the money.  There is no such market rate it depends on your income and courts order

Prashant Nayak
Advocate, Mumbai
11647 Answers
18 Consultations

4.8 on 5.0

alimony depends upon your income , wife income, standard of living , number of dependent’s etc 

 

2) there is no hard and fast rule for alimony payment 

 

3) if your wife has acknowledged her liability to make payment then your claim would not be barred by limitation 

Ajay Sethi
Advocate, Mumbai
65453 Answers
3961 Consultations

5.0 on 5.0

business loan given in feb 2015 to be returned on or before feb 2017 (or maybe any other date), since feb 2017, you asked her so many times to return the said amount but she lingers on the matter making various pretexts,

the limitation will commence from feb 2017 or from the day amount became payable (due)

no such market rate for alimony, at any place

“amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, custody of children, expenses, etc, therefore, without going through deeply with facts its really unfair to tell an amount. a detailed personal discussion will enable me to answer this promptly"

Suneel Moudgil
Advocate, Panipat
1076 Answers
1 Consultation

4.3 on 5.0

Alimony will be 25% of net salary.

If your have shown in your IT return, money given as loan to wife than recoverable or adjustable to alimony.

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

Once the suit is   barred by limitations there is no exemptions to overcome this lacuna.

 

You may issue a legal notice to her demanding the money, if she commits to it then you can bring the suit within the  limitation bracket.

There is no market rate for alimony for middle class or upper class, it depends on how the petitioner proves the income of the respondent with documentary evidence in her maintenance claim.

 

 

 

T Kalaiselvan
Advocate, Vellore
55296 Answers
674 Consultations

5.0 on 5.0

1) recovery suit would take 15 years to be disposed of 

 

2) pecuniary jurisdiction  depends upon amount claimed by you 

 

3) legal fees vary depending upon lawyer engaged by you 

 

4) chances of success are bleak 

Ajay Sethi
Advocate, Mumbai
65453 Answers
3961 Consultations

5.0 on 5.0

Exact time can't be projected. Civil court in India is time consuming.  Yes you can do the aforesaid

Prashant Nayak
Advocate, Mumbai
11647 Answers
18 Consultations

4.8 on 5.0

Civil suit can take 5-6 years or more to settle based on pendency in court.

The court can grant interest for the suit period also.

The account statement and amount transfer shall be the ground of the suit. 

No it will be in civil court or the commercial court not in family court.

See you need proof of her oral assurance and further it would have been better if it was shown in returns.

Shubham Jhajharia
Advocate, Ahmedabad
18231 Answers
71 Consultations

5.0 on 5.0

Not 10 15 but 2 3 years now a days. 

Without showing in I T returns , it shall not be consider as loan.

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

The money recovery suit may take two to three years for disposal.

If you want to lodge a criminal complaint under section 420 then you may appraoch the police with a complaint against her however you may have to produce evidence before police for registering FIR without which your complaint may not even be entertained.

 

You may have to have a substantial evidence to prove that your claim is not barred by limitation, her verbal acknowledgment may not be considered as an evidence and hence the operation of law of limitation cannot be avoided, you may discuss at length with your advocate before proceeding in any direction so that you dont get a great set back on this.

T Kalaiselvan
Advocate, Vellore
55296 Answers
674 Consultations

5.0 on 5.0

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