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Contempt of court... urgent

Husband wofe filled Mcd in court n their first motion was pass by judge... Husband was suppose to give first motion cheque n return girl jewellary... Husband gave thr cheque but he stopped it n nither he gave back her jewellary n other things... Girl have stop cheque n sma proof of husband saying he will give back her jewellary... Now he is blackmailing her to give her money for second

motion or take it for free... What step wofe can take now... Can husband break legal mou related to money n jewellary he signed in deont of judge...?? Please suggest what wife can do now?

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Adv. Chandrasekhar (Advocate) 25 July 2013

If cheque is lying with the wife she can file S. 138 Negotiable Instrument Act case (cheque returning case) against husband. If there is acknowledgment of his forcefully retaining the jewellery belonging to the wife, she can file criminal case against him. But out of the agreement, as the husband has not derived any financial benefit from the wife, contempt of court does not lie. But, if he gave an undertaking in the first motion to return the jewellery belonging to his wife, a contempt case does lie and it may bring pressure on husband to give his approval in second motion.