anand
30 September 2012 at 17:10
I am the victim of a false 498a case.
Wife tells me her father can purchase a site for us in city X. We live in city Y. She takes money out of our JOINT account and sends it to her individual account operated by her father in city X. The source of the money is entirely my salary. Father doesn't purchase house after many months. She returns the money back to me after a lot of effort. All transactions done via cheque and documented. Now, she files 498a and dowry case and claims she was forced by me to give that money from her individual account which she states is dowry. There is no mention that I gave her in the money.
Can I file a case claiming breach of trust? The agreement between us for the site was oral, but the money transfers are all via cheque.
anand
08 June 2012 at 22:10
My parents were accused of visiting my wife's home and demanding dowry in a 498a FIR months after we were in divorce proceedings.
The HC judge quashed the case against my parents saying the allegation was concocted only to include my parents in a case punishable under 498a.
What actions can my parents take? Can they file defamation? Also we have with us strong evidence of the incident being false. Can we file any other cases?
anand
21 May 2012 at 12:18
If a business partner is extensively misrepresenting personal expenses such as vacations abroad, personal travel expenses, etc and claiming these as business expenses, does this qualify as tax evasion? I have documentary evidence of this. Under what sections do I report it to the Income Tax officials?
anand
06 May 2012 at 20:08
A false 498a PCR was registered against me and my family with false allegations. Under 156(3), it was referred to a Women's Police Station SHO and a FIR also registered. The IO has probably been bribed heavily and took several steps with malafide intent. Fortunately some of these were documented. We collected enough documentation against the IO, and talked to the Commissioner who directed the DCP to change the IO. No action has been taken by DCP so far.
My questions:
1. Can Commissioner actually change IO when a PCR was filed and FIR later registered? I ask this because magistrate directed case to this specific SHO as IO for investigation.
2. If not, should we go to court and appeal to Magistrate u/s 156(3)?
3. If yes, what can we do about DCP not changing IO?
anand
18 April 2012 at 00:15
Estranged wife of brother has filed a case for dissolution of marriage stating cruelty against brother. Now, she threatens to add additional false allegations that cover the same time period. What is the right process that she must follow?
Are amendments to original case to incorporate allegations allowed?
anand
17 April 2012 at 23:47
Wife filed a PCR after FIR was rejected on jurisdictional grounds. The PCR is filed under section 200 of CrPC and has many sections under it including 498a and is filled with improbable allegations.
The magistrate's order sheet notes that the complainant prays to refer case to police, that he perused records, to be reigstered u.r No. II and referred u/s 156(3) to police station.
Should the magistrate make any attempt to check if any of the sections listed are even sensible, or can he blindly order an investigation?
anand
08 April 2012 at 09:47
I have seen occasional references to Articles 226/227 used as writs against false 498a as an alternative to quash u/s 482.
What the pros and cons of 226 versus 482?
1. Is 226 only possible if there are major excesses in investigation? Does 226 lack power to stay investigation otherwise?
2. Is 226 only possible if 482 has been exhausted as an alternate remedy? Judgements seem to support both sides.
anand
28 March 2012 at 21:32
Brother's wife filed cruelty to cover up her adultery. When he decided to contest it, she filed a false 498a against entire extended family with tons of false allegations months later. Since these allegations were not there in orignal cruelty petition, she withdrew unconditionally (withdrawal of petition as not pressed; no liberty to refile) and then immediately refiled a copy of the 498a FIR as her new cruelty case.
Can we argue for a dismissal of her new cruelty case right away as there is no new cause of action made out after withdrawal? Lawyer says res judicata etc does not apply to matrimonial cases and we have to contest it as it won't be dismissed. Is this true?
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406 etc in false dowry case
Hi,
I am resubmitting a question with additional information after researching answers submitted by learned members.
Brief facts:
Money from my salary in joint account sent to wife's individual account for real estate purchase. There are no other transactions in that account. She returns money and claims it as dowry. Family is arrested and put in jail.
Ld. members have rightly said no breach of trust is made out.
I see breach of trust has 2 ingredients: entrustment and misappropriation/conversion.
I have some evidence of exchanging property papers, though no contract was made.
Follow up questions:
1. If the above facts don't constitute entrustment, is a case of 403 at least made out?
2. Doesn't her statement that the said returned amount is dowry (there are no other transactions in that account) amount to "conversion" even though I have not suffered monetary loss (but there is loss of reputation)?
I understand this is probably good defence, but the only reason I am looking to be offensive is because my aged parents are in poor health and will have trouble making in through trial.
3. If this is only good defence, is there any way to get the magistrate to consider this evidence first and fast track trial?
Grateful for the help.