Cheated by my wife & her brother
Shishir
(Querist) 14 June 2014
This query is : Resolved
Dear experts,
I got married in 2008. It was an arranged marriage but no dowry was exchanged. Few months after marriage my wife wanted me to help his unemployed brother financially so that he could start his business. My wife's brother & his wife used to explain me their financial situation and they persuaded me during my visit to their home in some family marriage to loan them money which can enable them to do some trading business.
They also promised me to return my money on time when i will need it and my wife promised that she will see that they return the loan on time.
I agreed to help them without charging any interest but on promise that they should return money on time. They promised me and said that since the money will be used for trading purpose, my money will not be blocked and hence they can return it to me in a short notice.
I issued three cheques within a period of two months in favour of my wife and she gave the money to her brother.
They did not return my money as per their promise and only after returning a small amount (about 15%), my wife's brother started avoiding my calls.
When I put pressure on my wife through my parents (who lives few km away from us), she issued me a PDC of the entire amount but them left my home and went to live with her brother.
She filed dowry case on me by telling imaginary stories about my asking dowry from her. I surrendered and got regular bail from the court. When the cheque date neared, they tried to threaten me. I received a call from some unknown person who asked me not to bank the cheque. I ignored his call & this person called me whole night(about 100 missed calls).
I banked the cheque and it got bounced & I have got proof that I have been cheated by my wife and her brother & his wife.
I contacted a lawyer to file a cheating case against my wife & her brother but he is saying that husband cannot file cheating case against his own wife and since she has filed case first, no body will believe me. The cheque bounced about 10 days back.
Is my lawyer right? What options do i have to get justice?
Looking forward to a practical advice from the experts.
Adv Archana Deshmukh
(Expert) 14 June 2014
It is wrong to say that a husband cannot file a cheating case on his wife. Find some other good lawyer. However, in order to succeed you will need good evidence that the cheque was issued for a legally recoverable debt.
Shishir
(Querist) 14 June 2014
What is legally recoverable debt? Is loan to help family (now enemy) without interest comes under legally recoverable debt? I do not have any proof except that I gave money through cheque and my parents and one of our family friend are the witness. But my family friend is afraid of court and police, so he will not give any statement.
Rajendra K Goyal
(Expert) 14 June 2014
Send legal notice for cheque bouncing, consult some good lawyer.
ajay sethi
(Expert) 14 June 2014
issue legal notice for cheque bouncing within period of 30 days from receipt of intimation of dishonour . file case for cheque bouncing against your wife in case she refuses to make payment
Devajyoti Barman
(Expert) 14 June 2014
contact lawyer immediately to bring case of cheating and cheque bouncing case.
T. Kalaiselvan, Advocate
(Expert) 14 June 2014
Yes contacting a local lawyer for reliefs would be ideal thing to follow.
Sankaranarayanan
(Expert) 15 June 2014
yes remedy only from contact local lawyer and send notice as advised by experts
Shishir
(Querist) 15 June 2014
Thanks. Will send the demand notice and subsequently file cheating and cheque bounce case.
Raj Kumar Makkad
(Expert) 17 June 2014
I do endorse the advice of expert Archana.
