Upgrad LLM

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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Lawyer

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 . 

 
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Dear Mr. Jatin,

Any specific CrPC section i can quote for???

 

Regards,

OneHelplessMale!!

 
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practicing advocate

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

 
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Family Counsellor

 

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

 
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Lodge a complaint with the police against your wife to return your certificates and passport.  If the police reluctant to register the FIR, seek the remedy through Section 200 Cr.PC.  Regarding encashment of cheque, you cannot file any complaint, since it was signed by you and given to your wife.

 
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Retired

 With due respect to friends, you can't do a thing to reclaim your belongings. Your word against her has no meaning in husband/wife relationship.

 
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Retired

 With due respect to friends, you can't do a thing to reclaim your belongings. Your word against her has no meaning in husband/wife relationship.

No body files a TRUE 498A case. Government has created a Bhasmasur and many lives will be destroyed.

 
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Student

Dear All,

Misappropriation of self acquired property (Provident Fund Dues) and wrongful confinement of the documents does entails criminal action.

Best regards

Daksh

 
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Retired

 Try proving it and you will find you have bitten more than you can chew. Yes, we don't like it but that the law.

 
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