• Can I file FIR for wife trying to extort money

Marriage lasted for 1 year. Wife was caught with her boyfriend. She left matrimonal home and filed for domestic violence and dowry cases which she could not proof. Then after 7 years she came to her matrimonal home saying that she wanted to settle down and start a family. Stayed for 2 weeks got access to the bank vault and removed all the jewellery. Left her matrimonial house. Now demanding 20 lakhs for divorce. Can we file a FIR in police station for extortion of money.
Asked 3 years ago in Criminal Law
Religion: Hindu

3 answers received in 2 hours.

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12 Answers

Given the law in favor of woman, it is better negotiate the amount and divorce her once for all. Start a new life, you lost precious time. Law is in her favor, she can file cases against you and family members. That will be waste of time, money and peace of mind.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

You are at liberty to file FIR for extortion against your wife under section 385 of IPC 

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

  • You can file a case against her cheating and misrepresenting about resettlement and start a family although she wanted to gain money and then flew away. You can prove her bad intention, while coming back to matrimonial house after 7 years .
  • You can file a FIR  for extortion if she had threaten you and your family for money and jewelry but you can file a case under Section 378 of IPC relating to theft  and dishonestly taking away jewelry without your consent.
  • You can also sue her for fraudulently getting access to your bank vault under section 415 of IPC.
  • You can also refer your old case where she unable to proof so as she couldn't ask for this quantum of alimony for divorce. 

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Anik Miu
Advocate, Bangalore
8879 Answers
110 Consultations

4.7 on 5.0

The demand fort settlement of matrimonial issue cannot be termed as extortion.

You can refuse to give the demanded money and can challenge her demands or the matrimonial case properly in the  court of law 

The proposed complaint for extortion my not be maintainable.

 

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

You should have done this a long time ago. File a divorce case on grounds of adultery and cruelty.

 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Extortion is slightly different and the facts narrated by you might not straight away comes under the purview of Extortion.

its better if you could file a petition for divorce on the ground of cruelty with the above mentioned grounds. 

Sricharan Telaprolu
Advocate, Hyderabad
170 Answers
88 Consultations

4.9 on 5.0

Demand for alimony howsoever exorbitant it may be is not extortion. 

However a case of theft can be filed if she has stolen any of your valuables.

Else contest the case on merit. 

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

Hi, Filling Criminal Complaint against her will not help you. It is better you can file a Petition for divorce on the ground of Cruelty.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

- No, police cannot lodge FIR for extortion of money , but you can file a compliant for stealing/taking the jeweler items without your consent . 

- Further , if you having proof of her extra marital affairs , then you can file a divorce petition on this ground. 

- Further if she having relation with her boy friend , then she is not entitled to get maintenance from you. 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

you can file  an FIR for theft of  the jewelry which does not belong to her but not for asking alimony/demanding money during  divorce.

Her demand of 20 lac will be treated as demand of alimony as you seek divorce, but will not be counted as offence.

you should file petition for divorce, if she is not agreeing to it without alimony.

 

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

1. Claiming Rs.20 lakhs as alimony may not be considered as an act of extortion as per law.

 

2. You can certainly lodge a police complaint against her but the police will register the said complaint as FIR only after a prima facie evidence in support of your complaint is found.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Yes you can do the same if you have evidence

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

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