2+ Lawyers are online
Need help : fraud and cheating in mutual divorce
05-Oct-2025 (In Divorce Law)
My ex-wife’s family took ₹6,00,000 in a mutual divorce settlement, promising to return my gold. After receiving the money, they denied the agreement and lied in court. I have proof of payment, signed papers, and recordings. Despite my poor health, I’m fighting alone for justice. Honest people shouldn’t suffer for trusting the law. #Justice #Fraud
File an Application Before the Same Family Court
If the ₹6 lakh payment and gold return were part of the mutual divorce settlement (under Section 13B of the Hindu Marriage Act), and they violated that agreement:
You can move an application to the same Family Court citing violation of the settlement terms / contempt of court.
The court can enforce the settlement, direct them to return your gold, or initiate action for misleading the court.
Helpful?
Adv. Anurag Bhatt
Adv. Anurag Bhatt
Allahabad | 700+ Answers
Chat
File an Application in the Same Divorce Case
If the settlement was part of the mutual divorce decree under Section 13B of the Hindu Marriage Act, you can:
File an Execution Petition under Order 21 CPC in the same Family Court.
You’ll be asking the court to enforce the settlement (i.e., return gold or refund value).
The court can:
Order attachment of their property, or
Direct the police to recover your belongings.
Helpful?
Adv. Namrata Pandey
Adv. Namrata Pandey
Lucknow | 50+ Answers
Chat
1. Criminal Action (Fraud & Cheating):
• Under BNS Section 318 (Cheating) and Section 314 (Criminal Breach of Trust), you can file an FIR against your ex-wife’s family for taking money dishonestly and refusing to return gold despite a settlement agreement.
• Since they denied the settlement in court despite evidence, this also amounts to giving false evidence under BNS Section 227.
2. Execution/Enforcement of Settlement:
• The ₹6,00,000 payment and signed settlement papers are enforceable in a civil court. You can file an execution petition before the family court/civil court to recover your gold or its value.
3. Perjury / Contempt of Court:
• If they have deliberately lied in court, you can move an application for perjury under BNS 227 or for contempt of court proceedings.
4. Practical Way Forward:
• File a criminal complaint/FIR at your local police station under BNS 318 & 314 with all documentary proof.
• Simultaneously, file an execution petition before the family court to enforce the divorce settlement.
• These two remedies together will compel them to either return the gold or compensate you.
Helpful?
Adv. Aishwarya Panday
Adv. Aishwarya Panday
Lucknow | 100+ Answers
Chat
on the above mentioned query please file immediately an FIR against them for getting money on such agreement and when they get it then they signed the papers and thereafter violate the terms of agreement. after filling of FIR, please file it in the concerned court
Helpful?
Adv. Ankit Gupta
Adv. Ankit Gupta
Lucknow | 400+ Answers
Chat
This matter clearly amounts to cheating and breach of trust after receiving the settlement amount. Since you possess documentary and audio evidence of the payment and the mutual settlement terms, you have a strong legal ground. You may initiate proceedings under Sections 406, 420 IPC for criminal breach of trust and cheating, along with filing an application under Section 340 Cr.P.C. for perjury if false statements were made before the Court. Simultaneously, you can pursue recovery proceedings through a civil suit based on the written agreement. Stay strong — the law does protect those who act in good faith and can substantiate their claims with evidence.
Helpful?
Adv. Rishi Kumar Patel
Adv. Rishi Kumar Patel
Orai | 25+ Answers
Chat
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.
Connect with top
Divorce lawyers for your
specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
