Court to issue summons to wife for returning the settlement amount


I paid 10 lakhs alimony before 1st motion. 15 lakhs pending. Dint attend 2nd motion and in between I agreed for re-union. around 16 months, the judge dismissed case "Nature of Disposal: Contested--DISMISSED FOR DEFAULT". Can i pray to court to summon wife to give me back my 10 lakhs? thanks, husband

Answers (2)


344 votes

Hi,
It is between you both now as you have not agreed to the settlement and the same was ended in compromise and reunion how is the court liable in between to get the amounts returned back to you. You can ask your wife for return of the same if she is not then you have to file a case separate for recovery of money form her as the agreement entered is cancelled.


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141 votes

Hi
Since the court has disposed of the case as dismissed for default(non appearance of parties), you are entitled to claim your 10 lakhs money in the event of your wife either
a) Not cohabiting with you OR
b) Not granting you divorce.
You are also entitled to apply for divorce once again(which the courts are duty bound to grant) if there is separation between you and your wife since the date of 1st motion.

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