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Money exortion case againt wife and in-laws

(Querist) 15 August 2014 This query is : Resolved 
Experts, Wife filed DV act and mentioned in petition that "Recover her golds from me". Is that affidavit? Shall i ask affidavit for this separately? I have planned to file money extortion case under sec 385, 500 R/w 511 of IPC in same JM court - magistrate. Actually, Wife and her sister admitted in SMS that wife has her all jewels. Please share your knowledge in this regard.
Sudhir Kumar, Advocate (Expert) 15 August 2014
Are these full facts of the case.
Kumar (Querist) 15 August 2014
Hello Sir,

Its not full fact of the case. Its one of the relief asked by wife.

Thanks.
ajay sethi (Expert) 15 August 2014
if wife has admitted in her sms that she has all the gold jwellery then complaint filed in DV case contains false averments on oath . in your reply to complaint mention that in her sms she has admitted that wife has deliberately supressed relevant facts that entire gold is in her possession
ajay sethi (Expert) 15 August 2014
you dont need separate affidavit . the complaint contains a verification clause and is duly affirmed before associate of the court wherein wife affirms that statements made therein are true to her know ledge
Sudhir Kumar, Advocate (Expert) 15 August 2014
half facts lead to half advise.
Kumar (Querist) 15 August 2014
Thanks Ajay Sir,

Yes, I did mentioned in my counter statement. I have also bought a Land in wife name and admitted by wife in SMS. Now they are playing with my child visitation order (means abusing). I wanted to file counter cases against her and so planning for Money extortion case. please share your knowledge.
Devajyoti Barman (Expert) 15 August 2014
I do not think money extortion case shall have any merit unless you rove criminal intimidation to extort money.
Stick to your defence of innocence and claim for custody if the child.
Sudhir Kumar, Advocate (Expert) 15 August 2014
do not increase litigation.
Rajendra K Goyal (Expert) 16 August 2014
Filing new litigation would increase your divergence of mind, move with the present cases on merit. Agree with the expert.
Kumar (Querist) 16 August 2014
Thank You All Experts (Sir)!
ajay sethi (Expert) 16 August 2014
thanks for your appreciation . dont file further cases .
Kumar (Querist) 16 August 2014
Ok Thanks Sir!
Sudhir Kumar, Advocate (Expert) 16 August 2014
thanks for appreciation


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