Asking of Money after breakup

Question

► My friend is from Delhi and his ex-girlfriend is from Gurgaon, Haryana. During their relationship, she used to voluntarily transfer money to him from time to time (sometimes ₹10,000, sometimes ₹30,000). There was never any written agreement or discussion that these amounts were loans that had to be repaid. After the breakup, she filed a police complaint (not an FIR) in Gurgaon claiming that my friend owed her ₹1 lakh. The police called both parties to the police station, and my friend signed a written undertaking stating that he would pay ₹10,000 per month until the amount of ₹1 lakh was paid. My friend has already been paying ₹10,000 per month for the last 3 months. However, his ex is now demanding the entire remaining amount in one go. He is already under financial stress and debt due to these monthly payments and cannot afford to pay the remaining amount at once. My questions are: 1. Can she legally force him to pay the entire remaining amount immediately? 2. Since the money was voluntarily given during the relationship and was never agreed to be a loan, does he legally have to repay it? 3. What is the legal effect of the undertaking signed at the police station? 4. Can my friend stop making payments or challenge the claim now? 5. What legal remedies are available to him in Delhi/Haryana, especially if he cannot afford a lawyer? Any legal guidance would be appreciated.

Answer 1

Dear Client, If the money was voluntarily given during the relationship and there was no agreement that it was a loan, recovery is not automatic and will depend on the available evidence. Your friend's former girlfriend cannot automatically force him to pay the entire remaining amount immediately merely because she demands it. Although your friend signed an undertaking before the police to repay the amount in instalments, that undertaking does not by itself finally determine his legal liability. Whether the remaining amount is legally recoverable will depend on the facts and the evidence. Before stopping the instalments or challenging the undertaking, your friend should seek legal advice, as doing so may lead to further legal proceedings. If he cannot afford a lawyer, he may approach the Legal Services Authority for free legal aid, if eligible.

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Asking of Money after breakup

1 Answer