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Mutal Settlement (self)     10 November 2013

Mcd with money settlement

I’m an NRI and my spouse is working in India and living with her parents. My wife family threatened me and they  took 20 lakhs as an alimony with MCD. My wife is still working and making 6-7 lakhs per annum in India. We are legally divorce now after I paid her 20 Lakhs through MCD.  My question is Can I  file criminal case against the wife saying that wife extort money from me  by threatening me even she had good source of income ? Are there any chance that I will get my money back which she has taken from me and did not deserve ?



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     11 November 2013

Once you agreed to pay a one time settlement amount towards mutual consent divorce, you cannot ask her to return it after you have got your job done, you will be held for an offence u/s 406 i.e, breach of trust.  You should have raised the objection at the time when the agreement was being negotiated quoting the reason that she is employed and earning a handsome salary hence you refuse to pay any amount as alimony to her.  It is too late now and your case will not be even taken on file by any court because there is no cause of action at all.

Laxmi Kant Joshi (Advocate )     11 November 2013

You cannot take back the said alimony which you had paid against your mcd agreement ,it is too late you have to raise objection at the time when you was signing the agreement .

Laxmi Kant Joshi (Advocate )     11 November 2013

You cannot take back the said alimony which you had paid against your mcd agreement ,it is too late you have to raise objection at the time when you was signing the agreement .

(Guest)

End of story. Now no use thinking about all this.


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