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mkc (engineer)     02 October 2013

Do i need to return marriage expenses given by in laws

Dear Sir/ Madam

I am married on 29/02/2012. after just 2 months of marriage, my wife left me and went to her parents and did not returned back. during our conversation later she said she is not interested in staying with me and we decided to end marriage by mutual consent divorce.

Now problem is my in laws were in better financial and social status than me.during marriage they had given money to my family for marriage expenses saying that we have to do marriage matching their financial status(we are far below their financial status). so we spent that money. now during divorce they are asking us to return that money. now we are in deep dilemna.

kindly help me do i need to return the marriage expenses given by my in laws ??

and my wife is now doing PG and she used to do job in MNC before marriage? and their financial status is far above us? Am i supposed to pay any maintenance/ alimony?

Kindly guide me

Regards

MKC



Learning

 4 Replies

Tajobsindia (Senior Partner )     02 October 2013

1.    If both parties have agreed to dissolve their marriage by mutual consent then under terms and conditions you ‘may’ mention ‘such and such’ amount given by you towards consideration for dissolving parties marriage via mutual consent as full and final settlement towards all her past, present and future alimony.

2.    Reason being so advised is that if parties are agreeing to dissolve their marriage for mutual consent then instead of elasticizing litigation or falling into trap of adversial litigation(s) it is better to end amicably if capacity is not such to enter into adverse litigations.

3.    Otherwise so the ‘marriage expenses’ are non returnable as per several Hon’ble SC citation(s) but the proverbial question which pops is ‘who will make sense to her / her side’? Think aloud!.

4.    I leave the choice to you in reference to context after stating what I have to share under para 2 r/w para 3.

[Last reply]    

Kiran Kumar (Lawyer)     02 October 2013

If the matter is being settled between the two then every aspect of maintenance and alimony will be dealt with.  Definitely you cannot be compelled to pay amount spent upon the marriage ceremonies and parties etc.

 

But as far as maintenance and alimony part is concerned, the other party will definitely press for it.  Present the actual picture to them and try to solve the matter amicably.


(Guest)
Originally posted by : mkc

Dear Sir/ Madam

I am married on 29/02/2012. after just 2 months of marriage, my wife left me and went to her parents and did not returned back. during our conversation later she said she is not interested in staying with me and we decided to end marriage by mutual consent divorce.

Now problem is my in laws were in better financial and social status than me.during marriage they had given money to my family for marriage expenses saying that we have to do marriage matching their financial status(we are far below their financial status). so we spent that money. now during divorce they are asking us to return that money. now we are in deep dilemna.

kindly help me do i need to return the marriage expenses given by my in laws ??

and my wife is now doing PG and she used to do job in MNC before marriage? and their financial status is far above us? Am i supposed to pay any maintenance/ alimony?

Kindly guide me

Regards

MKC


No need to return such money. All came, stayed in lavish hotel, ate nicely, then all that you and her people spent is now in septic tank. So ask your FIL MIL to go search in that septic tank that money if it is still there. If money was the only criteria each wealthy man's life would be most happy one's. Marriage does not work on how much money you spent on marriage function/engagement/the marriage itself or how much money they spent. Marriage is the union of hearts, ie should be the union of hearts and minds not pockets. Just bluntly tell that you cannot pay money spent on marriage. Make sure there is not record such as a cheque given to you people by them regarding the said expenses.  If they have paid in cash and there is no such VDO recording of the same, then you are safe.  If you have accepted cheque and there is VDO recording of cash given to you people then better hire a good criminal lawyer.


On the other hand, talk to the FIL tell him the importance of life, and marriage.  IF you want I can give free counselling session to your FIL as to not seek money and let you people get back together.

T. Kalaiselvan, Advocate (Advocate)     06 October 2013

Tajobsindia's experienced reply is convincing to the extent that there can be no better advice.


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