Fraud at Consent terms
Sanjay A
(Querist) 08 September 2014
This query is : Resolved
I had filed a divorce suit and my wife filed Domestic Violence case against me in 2008, Which were later vide mutual consent decree. Prevailing term was we were to be live togther under one roof along with our daughter. The new residence was to be brought in name of our daughter explicity as in where me and my wife were to have only living rights. However we did not remain long togther for long and are staying seperated. My wife has rented out that residence (as per consent terms, me , my wife nor my daughter can sale or create any 3rd party interest, as long as me and my wife are alive). Further I was to pay my wife 15,000/- per month as HOUSEHOLD EXPENSES.
Later my wife filed 498A (2011) Domestic Violence (2012) and is pursuing recoveries through Family Court under MONTHLY MAINTAINCE. She till date has recovered 2,50,000/- through Family Court orders.
Now in 2013 she has filed a seprate suit in ADJ court on behalf of my minor daughter for permission to sale the flat purchased as per Conset decree terms. It was shocking to note that my wife is also 50% Owner of the flat as against 100% Ownership of my minor daughter.
My queries
1. Can I file and pursue criminal case of fraud against my wife.
2. Can she be tried for playing fraud with Family Court (under what section).
3. Can the money recovered by court stand recoverable (under what law provisions)
4. What is the penal action for above.
Sanjay A
(Querist) 08 September 2014
Further we are not divorced, we stay seperated since 2011, with my daughter in het custodyn
Sudhir Kumar, Advocate
(Expert) 09 September 2014
On reading given sentences not understood fraud allegation. Please eleborate.
malipeddi jaggarao
(Expert) 09 September 2014
1. What is the fraud you are referring about?
2. The flat was to be purchased in the name of your daughter. Have you not verified the sale deed? Who purchased the flat? You, or your wife or both jointly?
3. How do you come to know now that your wife is 50% owner for the flat?
4. For your point No.2, you should establish the fraud played by her.
5. Point No.3 - Not possible.
6. What penal action you are referring? About commission of fraud? First answer the above points to come to a conclusion whether fraud is there or not.
Devajyoti Barman
(Expert) 09 September 2014
How was 498A case filed after passing mutual divorce decree?
First clarify whether the consent terms were violated before passing of decree or after it.
Devajyoti Barman
(Expert) 09 September 2014
How was 498A case filed after passing mutual divorce decree?
First clarify whether the consent terms were violated before passing of decree or after it.
Devajyoti Barman
(Expert) 09 September 2014
How was 498A case filed after passing mutual divorce decree?
First clarify whether the consent terms were violated before passing of decree or after it.
Rajendra K Goyal
(Expert) 09 September 2014
The consent terms need to be referred. You can file perjury in the same court for role played regarding owner ship of the flat and giving it on rent. Oppose the permission to sell the flat in the court.
ajay sethi
(Expert) 09 September 2014
answer queries raised by MR barman
Dr J C Vashista
(Expert) 09 September 2014
Since author is not interested in the query accordingly no reply has been submitted for valid questions raised by experts, let us close this thread.
V R SHROFF
(Expert) 09 September 2014
THERE IS NO FRAUD!!
LEGAL PROVISIONS CANNOT BE BARRED BY PERSONAL AGREEMENTS..
She cannot sell MINOR PROPERTY, WITHOUT COURT ORDER.
YOU BEING FATHER, FILE YOUR APPEARANCE AS OBJECTIONABLE & OBJECT IT STRONGLY.
COURT WILL NOT GRANT PERMISSION TO SELL MINOR PROPERTY.. [ You being legal guardian of your daughter. she is mere custodian of your daughter]
malipeddi jaggarao
(Expert) 10 September 2014
No response from author. We can stop answering this thread.
Sanjay A
(Querist) 11 September 2014
Sorry was out of town, will reply in details soon.
Sanjay A
(Querist) 11 September 2014
Sorry for my delayed response.
Sanjay A
(Querist) 11 September 2014
Deepest apologies for my late response.
Firstly I make clear, that there is no Divorce yet. The consent decree was passed at the juncture of withdrawal of Divorce suite from my end against her withdrawal of Domestic Violence.
The essence of Decree was we both were to resume in co-habitating, in a new residence which to be procurred by me, explicity as mentioned in Decree, in the name of minor daughter.
However at the juncture of purchase of said flat, since I was already heavily bogged under the pressure of sale of my parental residence, which my wife was residing. In order to vacate her, an alternative accomdation was to be procurred as per Consent decree terms.
On the juncture of signing decree in court, I had issued cheques to my wife for the builder and stamp duty fees in wife names.
Till Dec. 2013, I was unaware of the fact of her being 50% shareholder. It was at the juncture her filing suit in ADJ Court, for seeking permission on behalf of my daughter to sale off flat, the papers as submitted revealed this fact.
I presume that she not only played fraud upon me but also the order passing court. I hope the said details clarify the expressed doubts ane look forward for justified course of directions.
Sanjay A
(Querist) 12 September 2014
Open Query
T. Kalaiselvan, Advocate
(Expert) 13 September 2014
Since you have issued cheques in your wife's favor, she made payment to the builder on her name, she becomes the owner of the property,however, she had the courtesy to make your child as a joint owner that is why she is seeking the court's permission to sell the share of minor's property in the interest of minor's welfare. Thus when you divulge proper details, you will get proper opinion to your query. Now whether she played fraud upon the court or court's decree can be opined only after seeing the court's decree and her sale deed. If she has again filed DV case and 498a case even after compromise decree, what went wrong after that?
Sanjay A
(Querist) 13 September 2014
Purchase cheque was issued by me in favour of Builder and Stamp duty cheque was issued in my wife's name. The entire sale proceed was done in my absence as I was present in Court. Even the stamp paper is bearing her name.
Sanjay A
(Querist) 13 September 2014
As per the decree terms the flat cannot be sold as long as me and my wife are alive. So on behalf of my daughter she is seeking permission in ADJ court while the decree was passed by Family court.
Sanjay A
(Querist) 14 September 2014
As per the decree terms the flat cannot be sold as long as me and my wife are alive. So on behalf of my daughter she is seeking permission in ADJ court while the decree was passed by Family court.
Sanjay A
(Querist) 14 September 2014
As per the decree terms the flat cannot be sold as long as me and my wife are alive. So on behalf of my daughter she is seeking permission in ADJ court while the decree was passed by Family court.
Anirudh
(Expert) 14 September 2014
You approach the ADJ's court, place your objections in writing. First try to protect the property. Later on think whether any other cause - like fraud etc., is to be lodged.
In any case, have you not appointed any lawyer for your matter?
Sanjay A
(Querist) 14 September 2014
I have appointed lawyer, however the new aspect to bring her under yoke of Fraud has come to ligt now. Her prayer in ADJ Court is to sale of the flat under the decree and buy a new one in a different location.
