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HOW TO GET BACK MY BUSINESS TAKEN OVER BUSINESS FROM WIFE.
05-Jul-2023 (In Family Law)
I AM A SIKH, MARRIED A HINDU IN 1990. AFTER 3 LIFE SAVING SURGERIES IN 2008 I WAS ADVISED SIX MONTHS REST. WIFE, WHO ALSO RUNS SAME HOUSEKEEPING BUSINESS IN HER NAME, PROMISED TO RUN MY BUSINESS FOR ME AND SHARE 50% PROFITS WITH ME. NO WRITTEN AGREEMENT WAS MADE BETWEEN US AS THERE WAS LOT OF TRUST, SPECIALLY AFTER SHE TOOK EXTREMELY GOOD CARE IN MY CONVALESCENCE. SHE DID NOT PAY ME A PIE SINCE THEN, BUT WANTED MY PROPERTY. IN 2012, I ATTEMPTED SUICIDE. WITHIN 30 DAYS OF SUICIDE ATTEMPT, SHE FILED FRIVOLOUS DOWRY HARASSMENT & DV ACT CASE 22 YRS AFTER MARRIAGE; THOUGH SHE GAVE A STATEMENT TO POLICE IN THEIR RECORDS THAT I NEVER ASKED FOR DOWRY. I STILL TRANSFERRED MY HOUSE IN HER NAME MERELY FOR SAKE OF FAMILY. TEN YEARS HAVE PASSED SINCE SHE TOOK OVER BUSINESS. SHE AGAIN FILED DV CASE AND A C.W P SEEKING MY EVICTION FROM HOME ON FRIVOLOUS GROUNDS JUST TO HARASS ME. UNDER WHICH CLAUSE OF LAW CAN I SEEK BUSINESS COMPENSATION FROM HER. CAN SHE DEMAND COMPENSATION IF I FILE FOR DIVORCE?
File a divorce on the ground of cruelty and yes she will demand for the alimony but if you have all the records of earlier transactions then you can provide it to court and if court finds it genuine record then she will not get anything.
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Adv. Siddharth Singh
Delhi | 25+ Answers
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Hello sir. I have perused your legal query. As long as you are the sole proprietor of your business, you are entitled to a full share in its profits. If your wife has misappropriated any funds, she is liable for criminal breach of trust. As far as the allegations of dowry and domestic violence are concerned, it has been recognised by Indian courts that making such false allegations amounts to cruelty under the provisions of the Hindu Marriage Act making it an appropriate ground for divorce. Your wife may file a suit for maintenance but in all probability it will be rejected considering she is fully capable of maintaining herself. Please feel free to reach out to me in case you wish to discuss the matter in more detail.
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Hello, I have perused your query.
In these circumstances you have an option of taking an action of criminal intimidation under section 506 of IPC against her for unlawfully pressuring you to do anything.
You can also file a private complaint before the magistrate of fraud or cheating against her in respect to the situation of business you referred to above.
Both the suits can be pursued simultaneously.
You also have option to pursue perjury, false claim and false prosecution under sections 209 of IPC and 340 of the Cr.P.C.
For any further information feel free to reach out to us.
In these circumstances you have an option of taking an action of criminal intimidation under section 506 of IPC against her for unlawfully pressuring you to do anything.
You can also file a private complaint before the magistrate of fraud or cheating against her in respect to the situation of business you referred to above.
Both the suits can be pursued simultaneously.
You also have option to pursue perjury, false claim and false prosecution under sections 209 of IPC and 340 of the Cr.P.C.
For any further information feel free to reach out to us.
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Adv. Love Kumar Soni
Goa | 200+ 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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