Lakhs of men from Mumbai and Maharashtra work in Dubai, Saudi Arabia, Qatar, Oman, Kuwait, Bahrain and further afield, and send most of what they earn home. Usually the money goes to the wife’s account, to build a house, buy a flat, or buy gold for the family. Sometimes the husband returns to find the savings gone, the flat registered only in her name, the gold missing, or the wife in a relationship with someone else. This guide explains where the law stands and what an NRI husband can actually do.
A note of balance: money spent on running the household and raising the children is a legitimate use of remittances. The remedies below concern money or property diverted, hidden or claimed against the purpose for which it was sent.
First: who owns what?
| Asset | General position |
|---|---|
| Money sent to the wife’s bank account for household expenses | Treated as given for the family’s use; recovering amounts already spent on the household is difficult |
| Money sent for a specific purpose (for example, “keep this for the flat”) and diverted | May be recoverable; evidence of the purpose is crucial |
| Flat or plot bought in the wife’s name with the husband’s money | Not automatically hers or his; depends on the source of funds and the intention (see below) |
| Gold bought and given to the wife as a gift | Ordinarily her stridhan, her absolute property |
| Gold bought from the husband’s money and kept for the family, not gifted | Disputed; proof of purchase and intention matters |
| Property in joint names | Each owner’s share depends on the deed and contributions |
Property bought in the wife’s name: the benami question
The Prohibition of Benami Property Transactions Act, as amended in 2016, says that property bought by an individual in the name of his spouse, paid for out of his known sources, is not a benami transaction. Courts have read this in different ways:
- In Manoj Arora v. Mamta Arora (2018), the Delhi High Court held that a husband who bought property in his wife’s name from his known sources can claim to be its real owner, and allowed his suit to proceed.
- The Calcutta High Court has held that a husband paying for property in his wife’s name does not by itself show he meant to keep it for himself; he must also prove that intention, because Indian husbands often buy property for their wives.
- Other courts have rejected husbands’ claims where they could not prove the money came from their own known sources, for example where joint accounts or the wife’s own funds were used.
The practical lesson: a husband’s claim stands or falls on documents: remittance records, NRE/NRO statements, the payment trail to the builder or seller, loan papers, and messages showing what the money was for.
Stopping a sale while you sort it out
If you fear the wife will sell or mortgage the flat:
- A civil suit for declaration of your rights, with an application for a temporary injunction, can restrain any sale or mortgage while the case is pending.
- In Maharashtra, a notice of the pending suit (lis pendens) should be registered under Section 52 of the Transfer of Property Act as amended for the State, so that any buyer is bound by the outcome.
- Write to the housing society and the bank holding the home loan, informing them of the dispute.
Recovering money and gold
- Civil suit for recovery of money given for a specific purpose and not used for it.
- Criminal complaint: criminal breach of trust (Section 316 BNS) or cheating (Section 318 BNS) may apply where there was a specific entrustment for a purpose and dishonest misappropriation, or deception from the start. The Supreme Court has cautioned that without a specific agreement of entrustment between spouses, the proper remedy is usually a civil suit, not a criminal case.
- In divorce proceedings, property and money disputes can be raised before the Family Court, which can settle many issues together.
If your wife is in another relationship
- Adultery is not a crime in India since 2018 (Joseph Shine). You cannot have her or the other man prosecuted for the affair itself.
- It is a ground for divorce under the Hindu Marriage Act and the Special Marriage Act, and may amount to cruelty.
- A wife living in adultery is not entitled to maintenance from her husband under Section 144(4) BNSS, though children remain entitled.
- For Muslim husbands: divorce is by talaq in the approved forms (talaq-e-ahsan or talaq-e-hasan); instant triple talaq is void and an offence. Unpaid mehr remains payable. A divorced Muslim woman may claim maintenance, as the Supreme Court confirmed in 2024.
- Custody of children is decided on their welfare, not on the parents’ conduct towards each other. See child custody in Mumbai.
Messages and recordings between spouses can be used as evidence in matrimonial cases; the Supreme Court so held in Vibhor Garg v. Neha (2025). Do not hack her phone or accounts, which is itself an offence.
Acting from abroad
- Power of attorney: appoint a trusted relative by a special power of attorney signed before a notary and apostilled, or attested at the Indian Embassy or Consulate. It must be stamped in India within three months of its arrival here.
- Court appearances: many steps can be handled through your lawyer and attorney; Family Courts increasingly allow evidence by video conference. You may still need to appear for key stages.
- Timing: plan a trip home around the filing and first hearings.
Expect a counter-case
When an NRI husband starts proceedings, a complaint of cruelty or dowry harassment sometimes follows, and look-out circulars can affect travel. Take advice on false FIRs and anticipatory bail before you travel.
Protecting future remittances
- Keep savings in your own NRE/NRO account; transfer only monthly household money to your wife.
- Buy property in your own name or in joint names, and pay the builder or seller directly from your account.
- Keep invoices for gold, and record in writing whether it is a gift.
- Give a limited power of attorney for specific tasks rather than a general one.
- Keep a simple record of remittances and their purpose; messages saying “this is for the flat instalment” are valuable evidence later.
Frequently asked questions
The flat is in my wife’s name but I paid every rupee. Is it mine?
Possibly, but not automatically. You will need to prove that you paid from your own known sources and that it was not meant as a gift to her. The documents decide the case.
Can I file a police case for the money she spent?
Only in limited situations: a specific entrustment and dishonest misappropriation, or cheating. Ordinary household spending is not an offence. A civil suit is often the more appropriate route.
Can I get a divorce while working abroad?
Yes. A petition can be filed in the Family Court where the marriage was solemnised or where you last lived together, among other places, with much of the work done through your lawyer.
See also: when a spouse has an affair, gift deeds and divorce proceedings.
Consultations are by appointment. To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.
This guide describes general law as understood in October 2026. It is not legal advice; outcomes depend heavily on documents and personal law, so take advice before acting.
Related guides
- NRI Legal Guide: Property, Power of Attorney and Documents From Abroad
- A Husband’s Rights in Divorce in Mumbai