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Fraud bank account no account number shared - what is the section


12-Jul-2023 (In Criminal Law)
My husband and I had a joint account in which 5 lacs dd was transferred in name of both of us by my father. nMy husband have neither shared account number or debit card details with me and sent me a divorce notice just after 2 months of marriage. I reached out to the bank for details. What section of case is this.
Answers (5)

Answer #1
763 votes
Generally, for the purpose of filing divorce petition minimum one year should have elapsed since the date of marriage and one year separation is required to file mutual divorce u/s 13 of the Hindu Marriage Act.
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Advocate Rajiv Rekhari

Adv. Rajiv Rekhari

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Answer #2
677 votes
Since you and your husband hold a joint account together, it is best to start by dividing the assets in the joint account. Make a list of all your bank accounts, owned separately or together, and keep a check on your savings. Once you have listed out your accounts you can proceed by beginning the process of closing your joint account together. In case of an amicable split this process is easier, however, if that is not the case then you may have to wait to close the joint account until after the divorce settlement. Ensure you open a new bank account for yourself and transfer your savings into the new account. For joint investments like stocks and securities, it is best to evaluate the value of each asset before division.
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Advocate Kunal Seth

Adv. Kunal Seth

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Answer #3
791 votes
Hi No divorce case can be filed against you in case you have not completed 1 year of separation period of marriage. Since you have completed only 2 months, the divorce case is liable to be dismissed l. Feel free to get in touch to discuss further. Regards Adv. Abhinav Sharma
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

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Answer #4
549 votes
We need more facts on your case because it is not clear whether your husband has withdrawn those five lakh rupees from the joint account ? ….secondly you also have to contact the bank to understand whether in the joint account can the co-account holder withdraw the amount without the signature or consent of the other account holder plz b in touch .. thank you
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Advocate D. Khan

Adv. D. Khan

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Answer #5
544 votes
The same attracts the section 420 (Cheating) of the INDIAN PENAL CODE. Necessary steps should be taken by you to get back your money. Your Written Statement in the Divorce case should also clearly mention the same for better relief by the court.
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Advocate Vibhor Mittal

Adv. Vibhor Mittal

LawRatoDelhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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