OneHelpLessHusband (SELF) 23 November 2009

Errant Wife encashed an old cheque after getting me arrested

Hi,

Need experts help

1) Wife files a false 498A case and gets me arrested after 4 years of marriage

2) husband serving Judicial custoday, wife encashes an old cheque which was given to her 3.5 years back as a safety, cleans out account for 1.5 lacs (money which husband recd as encashing the provident fund).

3) Wife hides Husband's passport, eduction certificates etc and refuses to give to husband.

4) After sometime, wife files another false complaint on DV

Need legal help for getting the documents/passport and the money which was taken through mala-fide and planned way.

Question: Can i file for divorce considering the mental torture and cruelty undergone during the entire period.

Regards,

One Helpless Male!!

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9 Replies

Jatin Sapra (Lawyer) 23 November 2009

hi,

You can file divorce on the very ground that she lodged a false complaint case against the husband and on other expects you have to file criminal complaint case against the wife for misappropriation of document which was entrusted to her .

OneHelpLessHusband (SELF) 23 November 2009

Dear Mr. Jatin,

Any specific CrPC section i can quote for???

Regards,

OneHelplessMale!!

adv. rajeev ( rajoo ) (practicing advocate) 23 November 2009

;you can file divorce case agaisnt her on the grounds of cruealty and mental torture.In m7y opinion u cannot file criminal case.

Hardik Mehta (Family Counsellor) 24 November 2009

Jatin,

You can do the following:

1. File the case of theft against your wife and the wrongful confinment of your documents u/s 340 of IPC.
2. File the divorce on the grounds of cruelty.
3. File the recovery of the money from you wife in the court.
4. Apply for the quash of the 498a on the grounds of mala-fide intentions and show that the withdrawal of the money was the motive for getting you arrested.

Regards,
Hardik Mehta