Why not....but you must get it back in another form of litigation. If you're ready to face the heat of law, then you should proceed.
Actually you should initiate all these things in India, because your properties are in India. She must suffer.
Matrimonial fraud
Our marriage took place in Amravati in year 2000. In year 2002 I bought 1 bhk flat in Pune put her name as co applicant and made all payment fron my funds. In year 2007 I bought 2 bhk flaf in Pune put her name as co applicant and made all payment from my accout In year 2015 she lured me saying we should have 1 flat in Nagpur also I said ok she said we will buy on my name so as a love I bought 2 bhk flat on her name using my funds. In March 2019 she got good job in Kuwait with Salaey 700KD. She waited 6 month for job confirmation and in month of October 2019 left my house in Kuwait. And exactly after 2 month I.e Dec 2019 she filed Divorce case in Kuwait. She put false allegation in Kuwait Court and could not prove it Can i file Matrimonial fraud case against ex wife.. Divorce case in progress in kuwait court
Asked 3 years ago in Criminal Law
Religion: Hindu
22 Answers
- Before getting reply of your query , you must know that
- Mutual Consent Divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.
- Further, if the matter is contested between parties in foreign Court , and after due adjudication and trial, divorce is granted, then it will be valid and binding in India.
- If,the matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by foreign Court will not be applicable in India.
- Further, Ex-parte decree of Divorce granted by foreign Court will also not be recognised by Indian Court.Ex-parte means , One party divorce.
- Hence, if she files a case , and you not contesting the same , then even she gets a divorce decree from Kuwait will not valid in India , and legally she will be your wife .
- Further , you cannot file a matrimonial fraud case against her , as she was using her right due not interested to live with you. But , you can get divorce from her on that grounds .
- Further , all the properties which is in the name of her from your funds , can be claimed back by you after filing a suit in India.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Conspiracy, Fraud, Breach of Trust, Mischief etc.... against Wife, supported with all relevant supporting Documents, Evidences & Witnesses.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
3. If you have documentary evidence of entire payment for the mentioned properties, that you purchased in joint names, THEN file Civil Court suit to revoke & delete name of wife from all such agreements.
4. If you have never been to Kuwait and are not living in Kuwait , THEN Wife "CANNOT" file any Divorce petition in Kuwait court.
5. According to India HC /SC judgments, IF you can documentarily prove deliberate & malicious separation or abandon by Wife (this amounts to Cruelty), THEN she is not entitled to any Alimony or Maintenance or any other compensation.
File petition for RCR in India seek stay of divorce proceedings in Kuwait as marriage solemnised in India and divorce can only be on grounds recognised by HMA
2) also file declaratory suit that you are absolute owner of property as full consideration was paid by you
frankly & practically, matrimonial fraud cannot be filed or if filed won't sustain,
since you are thinking of filing matrimonial fraud and your wife had filed the divorce case, therefore, i am presuming that you both want to end the marriage, if the answer is in the affirmative, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case to avoid/reduce future legal complications,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
however, if you want to remain in the matrimonial relationship, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and take her back, and if, failed, file Restitution of conjugal rights petition in the Court
Hello,
- If allegations cannot be proved she may fail in getting an order of divorce. You can make counterclaims to defend yourself and get divorce on basis of reasons you would bring on record. You may have to prove that she married you only for property.
- Regarding the properties where her name is as a co-owner she can claim 50% of the property and where it is bought in her name, she can claim the entire property.
- You have to vehemently contest the divorce petition or arrive at a settlement of assets in your favour as she is a co-owner in 2 and total owner in one.
As per the latest Supreme Court judgment which had held that a decree of divorce granted by a foreign court is not valid in India if the ground is not recognized by Indian law.But if someone has accepted the authority of a court, it cannot be open to the person to later question the authority of the court. And even contested divorce on the grounds of Cruelty /Adultery / Desertion / Impotency (are grounds that Indian Law recognises, so if) the divorce is granted on these grounds – The decree is valid in India. Please note that in such a case it need not be validated in India by filing a suit or anything. It is the burden of person challenging the decree to discredit it.
When both the parties were India & married in India according to any of the India form of marriage then the dissolution of such marriage should be done through the Indian Family Court of the competent jurisdiction where the marriage took place or where either of the parties usually reside or where both the parties last resided together.Who wish to take benefit of Indian laws and legal system to avoid facing up to any foreign judicial system.Indian Marriage solemnized in India according to Indian Matrimonial laws then the Indian courts will have territorial jurisdiction to hear & decide matter relating to this marriage & the foreign court's decision may or may not be acceptable in India hence best course is to get this marriage dissolved according to India court's decree of divorce.
Please do understand that Indian matrimonial laws and Kuwait laws are different in nature. What you think about ?Is it continue the relationship or Divorce. File appropriate petitions (as own your wish )before Indian courts . The same time file declaration suit to dec lare you are the absolute owner of the whole property which bought using your own earn money and not wifes.
You can file if it has jurisdiction for the same and you have evidence
Yes, you can file false case in Kuwait against her because you are living there. But for all your Indian properties you are still husband and wife because Kuwait court's divorce order is not valid in India. And your all three properties are joint with her. So better to go for Mutual Consent Divorce in Kuwait and make quitclaim agreement there and transfer papers for further formalities here to any one of your relatives who can perform further recording in SRO.
Yes as well as a suit to remove her name from property, there is a judgement
There is no such matrimonial fraud case nor there is any provisions in law to purse any such case.
If you do not want to continue the married life with her then you can file a divorce case in India on the grounds of cruelty.
What is the fraud she has committed against you?
You obtain the details of false case filed by her, which you can use to support your cases / defend other false cases likely to be filed by her.
You can file for divorce on the grounds of cruelty.
Contest the divorce case on merits use the orders passed in false case filed by her and get the same disposed off in your favor.
Based on above you may file application against her for filing false cases. In Kuwait, if you can prove the same, she will most likely be punished.
There is nothing like marriage fraud by legally wedded wife and whatever properties you have purchased in her name it is because of the family , you have the right to claim those properties by filing a title suit and you can prove in court that all the properties belong to you as you have made all the payments for the purchase of the property.
so far as the divorce case in Kuwait is concerned it will be decided by the equator court as per their local law however you have to get your divorce rectified in India because of your status of Indian national anti divorce can only be allowed by the Indian family court to wind up the marriage.
Yes ofcourse you can.
File a police complaint against her first.
Get her convicted for fraud
No matrimonial fraud after such long time but you can file declaration suit to claim sole ownership of the properties purchased in her name and in joint ownership.
Purchase in the name of wife dose make her owner. Actual owner is who has contributed in purchase.
Thanks for valuable information. Issued a legal notice to Wife for all 3 properties now waiting for her reply. Meantime before filing case just need clarification on beneath points... 1. POA - My Local Lawyer said for me no need to come to India to file a case. Either I can give POA to Lawyer or to close friend. If Court need any clarification they might take via Video Conferencing Is it safe to give POA to Lawyer? 2. 3 Year or 12 year from cause of action is not clear to me.. What should be considered as cause of action. a. Date of Divorce filing case. b. Date of Divorce Judgement. c. Date of Ex filing case that she need 50% Share. Because i read Kuwait Court papers Ex Didn't mention anywhere that She need half property .. Please clarify 3.Since all 3 properties is in my possession I am Just seeking a declaration and not possession, and all 3 properties are based in Maharashtra How much will be court fee? Also my Local Laywer said we will submit declaration in Court that current status ( possession , rent and her 50% share case ) should not be disturbed. Is it possible can I request this to Court? 4. Regarding full payment... Court will be with OK with my India bank auto debit or Court might ask Kuwait Bank Statement. Because usually I am transferring money from Kuwait Money Exchange to Indian Bank NRE Account. Reason behind asking this is Kuwait bank might not have OLD statement of year 2002 ... 5. Since we both are joint owner and I am claiming 50% her Share so the Court fee will be based on full property value i.e 50 Lakhs or half property value 25 Lakhs
Asked 3 years ago
Don’t give POA to Lawyer
2) court fees depend upon market value of property
3) court fees would be on your share of property
You may better give POA deed in favor of any close relative from your side .
The limitation will depend on what action you would like to take against the immovable property.
The ones what you have mentioned are not the cause of action for retrieving your property.
Since the properties are on her name in India, she might not be interested to claim what is hers.
The court fee can be enquired locally.
He is talking about injunction application.
4 You have to produce the documentary evidences to prove your claim.
5. The court fee shall be restricted to your share alone.
1) POA is ok to give family member who stay in India
2) Within three years action as per limitations act, but for this is kuwait order is limitation act won't be applicable.
3) You better get Settlement deed and sort the problem out side of the court.
4) This evidence is sufficient , that Bank account money transfer
5) 2-3% will be the court stamp fee as per the current value of the property.
You can’t give power of attorney to your lawyer. Vakkalatth is enough for him to represent on behalf of you before the court. But he could not tender evidence. A power of attorney can give only to close relative or friend. A power of attorney holder of the complainant, who does not have personal knowledge, cannot be examined. Therefore a third party who has no personal knowledge cannot give evidence about such readiness and willingness, even if he is an attorney holder of the person concerned.
In family court maximum court fee is 100.
1) No, Give POA to one of your Family Members.
2) Cause of. action will be starting from your marriage, filing of case and last one will be date of Judgment.
3) Don't worry, she cannot claim property, if it is self acquired by you.
No need to file declaration, when the property is your's why you seek declaration once again, it is nothing but protracting litigation.
4) No transfers, you need to pay through DD / Cheque.
5) It is settlement between both of you.
Court will not interfere in your personal matters.
The court fee will be depending on suit filed by you.
4. Yes it will be ok
5. Court fee on your claim
Advocate cannot act through POA. And POA should give only to trustworthy. 12 years from the date, title disputed by wife.
Obtain status quo - no change in present situation.
Court fees on 50% share. 50% already not disputed.