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Mohan (Senior Manager)     03 July 2014

Section 405, 406 against wife

Dear Learned members

My 498a case is going on in bangalore from October 2012. It is in cross examination stage(28-7-2014)

My wify has filed 498a and other sections staying in the matrimonial house after 17 years of marriage.

After I got bail I was denied entry to my house. The property is in my name. I am staying seperately.

Meanwhile my wify has leased out part of property for Rs 40lakhs.

Can I file 405,406 against my wife

Thanks in advance

Regards

B.Mohan

 

 



 3 Replies

Laxmi Kant Joshi (Advocate )     03 July 2014

If the property is in your name then she cannot give it on the lease , the lease is illegal and invalid , issue a legal notice to the lessee , you are right it is a perfect case of breach of trust , you can file it against her stating all the facts of her malafide intention against you and your property.

Adv k . mahesh (advocate)     04 July 2014

yes you can file under section 405 for criminal breach of trust 

but before that try to get the copies who signed the documents and on what status if you wife singed then what 

this evidence will help you to go further 

Mohan (Senior Manager)     04 July 2014

Dear Mr. Laxmi kant Joshi, Mr. K. Mahesh

 

I have photo copy of on agreement signed by her as my wife

In her Dv cross examination she has admitted that she has leased my ground floor for Rs. 14 Lakhs, My second floor of two units for Rs 13 lakhs each

It would be help if u can provide any citations or opinions in any order

Thanks in advance

 

Regards

B.Mohan


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