RCR and demand for money
Self service
(Querist) 22 May 2010
This query is : Resolved
I send RCR notice to wife who left home a month back. I got reply of RCR stating I am mentaly unsound and she dont want to live with me. Also she said while working abroad she deposited her salary in joint account and I used that money for purchasing shares. ( @ 30 L INR).without her knowledge. That is not true amount was very less and it was on her name only i have statement.Also as it was joint account many day today expesnes were done from same. Can Indian family court decide over assests earned and disposed abroad? Joint a/c was in US and it was operated and closed as per US laws. I am filing for divorce now and need some clarity.
Thanks
Devajyoti Barman
(Expert) 23 May 2010
Once you have filed a suit for RCR you are taken to be condoned all her cruel acts and thus debarred to file a suit for divorce on the happenings of incidents which occurred till the date of filing the RCR. It can be done only if thereafter some new cause of action has happened.
Yes the court here can decided on the issues though took place in US if it otherwise conforms to the provision governing the admissibility of evidence.
Guest
(Expert) 23 May 2010
I totally agree with Mr. Barman.
Raj Kumar Makkad
(Expert) 23 May 2010
The reply sent by your wife has no legal sanctity and you can very well challenge the false allegations leveled by her in your evidence and even if US laws operated your joint account even then its fact can be brought in such litigation in India.
