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.
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 6 years ago in Family Law
Religion: Hindu
20 Answers
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.
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
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.
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,
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
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.
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
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.
Business loan is given in year Feb 2015 (Passed 4 years, 3 months). I have NEFT transaction made against Wife’s Business as evidence that money was given to wife as business loan. But since suit can be barred by law of limitation, What can be Grounds of exemption from limitation law ? My wife Filed FIR with 498a, 504,506 & tried to tarnish my reputation in society & hence I have filed for Divorce recently. And now she is asking Heavy allemoney & that is why I have decided to go for legal suit. Since everything was fine earlier I have not taken action within period of 3 years to recover the money But now things have been changed so how do I justify this point to get exemption from limitation law ? Or is there any other way to threaten her to take her case back & reduce allemoney. I heard market rate in Mumbai for allemony for middle class people is 7 lakh to 8 lakh or 10 Lakh max. is it True?
Asked 6 years ago
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.
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
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
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"
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.
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.
After legal notice of money recovery, After Filing civil suit for actual recovery of money takes how much max number of years ? As per my lawyer civil suit of recovery will take 10-15 years I am thinking of Civil suit with condonation of limitation so that Wife & her Business atlest gets some tensions. As of now I’m carrying all tensions of clearing myself from 498a,504,506 If recovery time takes more than 10-15 years , am a eligible to get post judgement for all the years or only till the day a file the suit but not for 10-15 years. Are their any strong points based on which a can file or atlest bring Wife on Negotiation table like IPC 420 or any other things to give them Worry ? how much would be total legal charges for recovery suite in Mumbai & do a need to file the same in which court is it BKC family court ? Few more points regarding my Business loan to wife I have not shown this amount in IT returns given as interest free loan. I have records of NEFT transaction done against WIFEs Business Current account. I will condone the delay showing it recurring cause of action as she promised to return the money Wife has verbally acknowledged her liability to make payment which a can mention so that my claim would not be barred by limitation
Asked 6 years ago
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
Exact time can't be projected. Civil court in India is time consuming. Yes you can do the aforesaid
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.
Not 10 15 but 2 3 years now a days.
Without showing in I T returns , it shall not be consider as loan.
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.