My wife is doctor . She requested verbally to me in May 2019 to give 1 Lac to her maternal uncle for his personal work. I didn't give money to her maternal uncle, but I transferred 1 Lac to my wife's account . Till now wife or her maternal uncle didn't return my 1 Lac . In July 2020, I filed divorce petition in family court against wife because of family disputes. My wife is doctor and she is earning 70,000/- Rs per month, so she is not entitled for maintenance or alimony from me . So, shall I file written complaint in police station against wife or her maternal uncle or both for getting my 1 Lac back ? Will police take cognizance of my written complaint or they will register NCR or FIR against wife or her maternal uncle for economic cheating of 1 Lac ?
Please suggest .
A.I would advice you to not take this matter to police. You can file a civil petition for Cheating u/S 420 against your wife and her uncle. Also you can ask for no maintenance based on the ground that your wife has earning capacity though this may not stop her from getting maintenance but worth a try.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
You can complain to the police about fraud and then file a civil money recovery suit against the maternal uncle.
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A.Hi,
She can claim this amount as maintenance but you can file a civil money recovery suit against the maternal uncle.
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Money not returned by wife which was taken for her maternal uncle's work
Reopening of uncontested disposed criminal case immediately
