Pay back for household expenses spent during long together
Querist :
Anonymous
(Querist) 17 April 2023
This query is : Resolved
The wife is demanding Rs 15lac back, which she claims to have spent for household expenses like ration , servents pay & other such sundry expenses when she was staying with her husband and daughter, from the husband to return it
1) is such a claim sustainable legally, even she gives the details of the amounts spent?- presently she has not given the detailed breakup of the expenses incurred,
2) will the court make the husband pay such expenses, as it was done for the family and not individually on husband.
kavksatyanarayana
(Expert) 17 April 2023
Why is the wife demanding such an amount due to divorce? Did the husband not spend the amount for household purposes? Is the wife an employee and the husband is without a job? Your query lacks clarity. Though the wife spent the amount for family/house purposes, why did she spend it?
T. Kalaiselvan, Advocate
(Expert) 18 April 2023
The claim made by wife toward the expenses incurred by her at the stage of divorce may not be entertained by court, because she had been spending money all the while when they were maintaining cordial relationship but when the relationship soared she now comes with a claim.
Nothing prevented her from claiming a monthly maintenance amount from he husband or hand over the expenses of house management to him if he was capable of taking care of it.
If was not capable then then how could he become capable now to return her the said amount?
All these are matter or argument.
Besides, in matrimonial disputes such issues have to be tackled as per the circumstances and the documentary evidences to support each individual's pleadings.
As per law the husband is bound to maintain his family and provide maintenance amount to wife for taking care of household expenses, if he fails to do this it can be considered that he failed in his duty, therefore she can claim the same, however she cannot claim any amount towards the past expenses.
