Can wife recover money from husband after divorce(mutual consent) under CPC
Samar and Ramya were classmates from school. Even their families were well acquainted with each other. Eventually, Samar became an engineer and started working at an IT company in Bangalore and Ramya started work as the Bank manager in IDBI Bank in Chennai. With the consent of their family members both got married on [deleted]. Samar and Ramya went to Indonesia for their honeymoon. While trying out the water sports activities, Samar badly injured himself and had to be given immediate medical assistance. Ramya had to take money from her father for paying for the expensive medical treatment. Soon after the couple returned to India. After returning, Samar went to Australia for four years and stayed there till 2014.Thereafter Samar returned to India and started working in Delhi in an IT company.
Ramya, meanwhile, kept requesting Samar to come back to Chennai so that they could both start staying together and could settle down peacefully. Samar however kept turning down Ramya’s requests on some or the other pretext. Samar informed Ramya about the debts that he had and made that the basis for continuing his stay in Delhi. Saddened by the financial turmoil of her husband, Ramya took a personal loan of 50 lakhs and gave it to Samar. Eventually, Ramya realized that irrespective of the financial help extended by her, Samar stayed indifferent and continued staying apart. Heartbroken with the situation at hand, Ramya filed for divorce. Divorce on the ground of mutual consent was granted to Samar and Ramya in 2018. However, as of date, Ramya continues to pay the EMI for the loan that she had taken to help her then husband Samar.
Samar before going to Australia had brought an apartment, priced at Rs. 20 lakhs in the name of Ramya and had paid for her complete masters education i.e. Rs. 10 lakhs, before she started working as a Bank Manager. It was because of these investments that Samar took the loans. Further, he had paid Rs. 5 lakh for the heart surgery for Ramya’s father heart. Even during the marriage, Samar’s family had given 40 tulas of gold to Ramya which was not returned back even after the divorce was granted.
She intends to recovery her money now. She wants to file a suit in City Civil Court of Chennai.