Harassed (self) 23 May 2012

Safeguard my assets

My relations with my wife are quite strained; we live abroad. She is planning to go on a trip to India to attend a wedding. I have reasons to suspect she will just stay there and initiate a divorce. I don't want to break the marriage by myself, but if she initiates it, I will agree.

My immediate question is this: we have a lot of jewellery that my mother and I purchased for her that we have in our home (along with receipts). She wants to take all of it with her to attend the wedding. Would a signed letter from her listing the items and that she took them suffice from a legal standpoint?

I would much rather not do this, but the jewellery is worth several lakhs, and I have also already her family lots of money that I see no hope of recovering. How can I safeguard myself?

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 23 May 2012

Dear Querist,

It's always good to be safe than to be sorry. The instances of misuse of 498a/406 (Criminal breach of trust) false cases by women are legion. You should get that reciept signed and also get a recording of the same if possible. Apart from this a lot many other intimation-pre-emptive steps are recommended to rule out a possible future misuse of laws against you.

Feel free to talk !

Harassed (self) 23 May 2012

Thank you. Would a signed letter from her listing all the items suffice if I were to ask her to give them back or face legal consequences (406) in case she does not return?

I will read up on false 498a cases also in the meanwhile.