• PDCs and Promisary note given by wife.


I have only daughter who just promoted class X. As we to move a spacious 3BHK flat to economy 2BHK flat, (though she was told about shifting several times, shifting was done in her absence, in a move to cut down the expences), she is staying in chennai with her parents. She also took our daughter. I came to know she has plans to take admission in chennai itself. 

Her father is blind, her mother is heart patient. She(My wife) 25 days in a month will be on tours.
She shuttles between chennai and Hyderabad. (She is MD of her Pvt ltd company)

As my daughter is very intimate to me, if i bring her back, will there be any complication later.

Issue 2)

My wife is MD of a private limited company for which she n her father are directors.
she has taken money from me for which she had given a promisary note in 2011 June.
And also I offered some services to the company for which she gave me company post dated cheques and some personal cheques. couple of cheques were expired but some are without date.
She is in no mood to clear these dues. 

Her company's current account has a history of cheque bounces. She always keeps the account dry.(less than minimum balance.) Her personal savings account also, always has no balance.

What way I can recover the money from her. For the past two months we are staying separately.

 Please guide me on both the issues.

Thank you
Asked 4 years ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Hindu
can you tinitiate legal action against your wife
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

4.6 on 5.0

If you wish to take legal actions against your wife,then you can first  put the cheques in bank it would be bounced then give notice demanding your money due and thereafter file criminal case under section 138 of NI Act. you can also file civil suit. regarding your daughter, being natural guardian you have all the right to take care of hers if your daughter has no objection for living with you ,you can take her through court(if she is minor) or can get visitation rights also.Ultimately, it is your daughter's wish where she wants to live with you or her mother.Feel free to call
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.7 on 5.0

repeated query . you had raised this query earlier too
Ajay Sethi
Advocate, Mumbai
45456 Answers
2670 Consultations

5.0 on 5.0

1. You can file an application for custody of your child on the ground of her welfare,

2. You can deposite with your Bank  the cheques lying with you & initiate action under the Negotiable Instrument Act, should the said cheques are dishonoured.
Krishna Kishore Ganguly
Advocate, Kolkata
18433 Answers
448 Consultations

5.0 on 5.0

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