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37 lakhs stolen by wife from joint a/c & divorce on cruelty filed


10-Oct-2023 (In Divorce Law)
Court summon not served to husband, 9 years marriage 18 months separation, wife took all money around 37 lakhs from joint a/c which was husband's earnings and jewellery also, now putting claim on joint property also which was also 100% paid for by husband, she earns well now, highly qualified and husband helped her in studies abroad, funded and spent on her heavily, she's filed divorce u/s 13 on cruelty in punjab while she lives in mumbai and her inlaws and husband live in delhi ncr, court summons not received by husband but he became aware thru lawyer recently after ex parte was down, no further info from court or wife's side, wht to do, we were waiting for proper service of summons and allegations are frivolous and false and wanted to challenge jurisdiction, how to proceed? please help? and how to recover money?
Answers (3)

Answer #1
987 votes
Husband can file anappeal in the high court against the exparty order.He if exparty decision not given by the family court husband can himself appear in the court & can challange the exparty proceeding which the court may set aside .The question of jurisdiction is an other issue .wife can file the divorce petition where the marriage was soleminised & also where she was lastly reside with the hisband. The qestion of withdrawing the money by her may not be challenge in the court as it was a joint account with her husband.
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Advocate Rakesh Srivastava

Adv. Rakesh Srivastava

LawRato Jhansi | 25+ Answers
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Answer #2
635 votes
If u get the knowledge than it’s better to appear in that case file ur reply so that court can consider ur objections and decide whether that court has territorial jurisdiction or not and u can also file case against ur wife after obtaining all record from the concerned bank abt who had withdrawn the money and if ur wife claiming property than u have to produce evidence that all money in this regard paid by u and whatever u spend on ur wife that u can’t recover but u can mention that in ur written statement
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Advocate Shobhit Agarwal

Adv. Shobhit Agarwal

LawRatoGhaziabad | 50+ Answers
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Answer #3
971 votes
First of all immediately File case of theft against wife. Name her in your complaint and provide some proof to police to lodge FIR against cause it is a Criminal Offence your wife will be forced to compromise with you , you may need a lawyer for all this proceeding. if a case of theft is filed against her than she will be forced to compromise in all her alegations and claim on property if any in her Divorce case as well. contact us for further help. we are located in Greater Noida & provide help in all NCR area.
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Advocate Anurag Bhati

Adv. Anurag Bhati

LawRatoGreater Noida | 700+ Answers
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