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Can I file a criminal breach of trust against my wife


10-Jul-2023 (In Divorce Law)
Hello, my wife and I had come to an agreement that she will take all the jewelry and I'll give her a certain amount at the time of divorce. The said amount and possession of jewelry are mentioned on the agreement with her sign and thumb stamp. The following agreement has been signed and stamped in a notary. Now my wife is denying to divorce me on the said amount. She has filed the 'trendy' cases against me and my family. Can I file a criminal breach of trust case against her? Or what other case can I file to hold her accountable?
Answers (4)

Answer #1
556 votes
you can take action against your wife on the basis of the said agreement and file a suit claiming certain reliefs. in case of the ongoing proceedings against you, you can rely on that agreement depending on the stage at which the said proceedings are. for further queries please feel free to contact
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Advocate Kartik Krishan Sood

Adv. Kartik Krishan Sood

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Answer #2
604 votes
No, Criminal Breach of Trust cannot be filed against wife. Instead you can file for divorce on grounds of cruelty. The MOU is binding on both parties. MOU will be crucial piece of evidence when filing for divorce.
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Advocate Kunal Seth

Adv. Kunal Seth

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Answer #3
801 votes
No you cannot filed a case under section 406 which is breach of trust because the agreement made in the ambit of matrimonial dispute will not be valid for any kind of breach or its execution under specific performance or or any other act …the only thing you can do is to file a suit for recovery in order to recover the amount or items …thank you and be in touch
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Advocate D. Khan

Adv. D. Khan

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Answer #4
606 votes
the agreement which u both have signed can be used against her... and now it can be said that just to extort more money she is trying to drag you in the court... but you will have to defend those trendy cases against you
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Advocate Rohit Manan

Adv. Rohit Manan

LawRatoDelhi | 100+ Answers
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