Cheating & breach of trust

Querist : Anonymous (Querist) 26 June 2022 This query is : Resolved
I was live-in relationship with a lady. During our relationship I have entrusted 200 gram gold in good faith.
Now she leave me & married again & hide herself. Her mother give written statement that the lady has taken 200 gram gold ornaments from me. She refused to return my gold. I am filing 156(3) CRPC for lodge FIR u/s 420 IPC & 406 IPC.

Will police arrest the lady ?
Could I get my gold back ?

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P. Venu (Expert) 26 June 2022
The facts posted suggest no criminal offence. There is very little chance for you to succeed in getting back the ornaments even if you initiate a civil action.

Querist : Anonymous (Querist) 26 June 2022
Under which section I will file case ?
How can I recover my gold items ?

Dr J C Vashista (Expert) 27 June 2022
The gold is stated to have been given by you in return of your relationship, no case is made out against the woman.

Querist : Anonymous (Querist) 27 June 2022
Is my gold can be treated as stridhan property?

kavksatyanarayana (Expert) 27 June 2022
Yes.............................................................................................

Querist : Anonymous (Querist) 28 June 2022
Who was not my wife, how property given to her is stridhan ?
After getting the property, she remarried- I have given the property with the hope she will be living with me & during living with me she will wear those ornaments. She is getting the property by fraud & cheating.
Why not I will ask to return my property ?

P. Venu (Expert) 28 June 2022
May be it is not stridhan, still it was a gift, something given on love and affection. To my knowledge, there is no legal principle or proposition that any property given as gift needs to be returned, once that love and affection comes to end for one reason or other.

Of course nothing that prevents you from taking further lawful steps such as serving a legal notice, approaching the adalat through the Legal Services Authority or even initiating a civil action. It is only that any chances for success are too remote and efforts, substantial.

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