• Need advice

Two years ago , I catch my wife chatting with someone, she was having a affair, by telling that guy that she is unmarried, a lot drama happened, i said my wife to go to that guy but that person didn't accept her , her family request a lot that this would never happen again think for the child as we have a child who is 12 years now and is a syndromic child that needs take care every time, after a lot of requests of my family her family she get back in my home from her parents house , after 1 months she hospitalized due to iih , sever headache and dipression, i cover all the treatment in a private hospital take care of her , she is still on medication, i never force her to do any work , she just cook and sometimes teach our child , laundry cleaning dishes all I do after coming office that her family and all knows , some days ago I have doubt on her again and said her to show me her phone, as she always keep her phone locked, i couldn't find something, she starts crying , child was nervous i leaves this topic and went to sleep , today i came home and she is not at home , I asked her family they also don't know and said we are with you, will not accept this , and when I checked she takes all the cash , clothes , gold with her , even at midnight a day before transfered a huge amount of money from my account to her and delete all the messages so I don't got to know .
All are saying me to go to poilce but what will I get , now I don't want her , but I want my money and gold back , i have no idea, I want to go to police with a strong statement, what actions I can take against her , how can I get my money back , how to find her , 
Seeking help from you experts as I am taking care of my child , not in state of mind to think decide anything.
What steps I can take to file case , to get my money, jewellery back ,
Asked 2 years ago in Family Law
Religion: Hindu

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11 Answers

How can your wife transfer money from your account to hers ?

 

2) does she have your password of account t 

 

3) is she has fraudulently transferred funds to her account t file poluce complaint t against her for theft 

 

4) gold given at time of marriage or after marriage is her stridhan .she is at liberty at liberty to take the gold 

Ajay Sethi
Advocate, Mumbai
99835 Answers
8148 Consultations

You have the following options:

1. File a criminal complaint agaisnt her for stealing yor money and other valuable articles.

2. File a contested divorce case on the grounds of suspected adultery and also for the acts of mental cruelty.

3. File a child custody case on the above said grounds and keep your child with you under your custody so that she cannot play any drama on the basis of child custody in future,.

 

T Kalaiselvan
Advocate, Vellore
90036 Answers
2498 Consultations

You can file a divorce case against her for adultery. If you have given the jewellery to her as strdhan that can’t be claimed from her if not then you can claim it back

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

You should report the matter to police giving details of money and jewellary she had taken, and should file case for divorce and also custody of child. Consult a competent lawyer and act under his guidance. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Hello, 

Please tell me if she has gone with the child or only with the money. 

Also, do you know her whereabouts? 

You can File a FIR against her.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

First of all, you should file a complaint with the police as soon as possible. You can report your wife for cheating, desertion, theft, and criminal breach of trust. You should also mention that she has taken your money and gold without your consent and that you want them back. You should provide the police with any evidence that you have, such as bank statements, receipts, phone records, etc. The police will investigate the matter and try to locate your wife and recover your assets.

Secondly, you should consult a lawyer who specializes in family law and divorce matters. A lawyer can advise you on how to file a divorce petition and claim alimony, maintenance, and custody of your child. You can also seek a restraining order against your wife if she tries to harass or threaten you or your child. A lawyer can also help you to protect your rights and interests in the matrimonial property and assets.

Thirdly, you should take care of yourself and your child. You should seek emotional support from your family, friends, or a counselor. You should also focus on your work and your child’s education and well-being. You should not blame yourself or feel guilty for what happened. You deserve to be happy and respected.

I hope this information is helpful to you. I wish you all the best for your future.

 

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

Hi, First you have to lodge police complaint and trace out where she is there and thereafter you can decide further course of action.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

- As per Supreme Court judgement, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Since, she is not living with you and has taken away fund & jewellery, then you can give a complaint before the police and higher official for your safety after mentioning her earlier acts as well. 

- Further, if wife is having extra marital affairs , then husband can take divorce on this ground after filing a petition before the court after submitting this police complaint with the divorce petition. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations


Dear Client
File a Complaint with the Police: If your wife has taken your money and assets without your consent, this can be considered theft or misappropriation. You can file a formal complaint with the police about the missing assets and funds. Provide any evidence you have, such as bank statements, to support your case.

Seek Legal Action: Your lawyer can guide you through the legal process to take appropriate action against your wife, such as filing a case for theft or misappropriation of funds and assets. They will help you prepare the necessary documents and gather evidence.

Recovery of Stolen Assets: Your lawyer can also help you take legal action to recover your stolen money, gold, and other assets. This might involve obtaining a court order for their return or seeking a civil remedy.

Financial Investigation: If your wife has transferred money from your account without your consent, you may need to involve the police or a cybercrime expert to investigate the matter. They can trace the transactions and try to recover the funds.

Maintain Documentation: Ensure you keep copies of all relevant documents, including bank statements, messages, and any written agreements between you and your wife. These documents can be crucial in building your case.

Child Custody and Support: Given that you have a child, it's essential to discuss child custody, visitation rights, and child support with your lawyer. These issues may need to be addressed separately from the financial matters.

Mediation or Counseling: If you both are open to it, you might also consider mediation or counseling to resolve the issues amicably, especially if there's a possibility of reconciliation or reaching an agreement on financial matters.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

File a police complaint

Gaurav Ahuja
Advocate, Faridabad
137 Answers

File FIR against her of theft. That's the only way out to get your money back. 

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

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