Breach of trust in false dowry case
anand
(Querist) 30 September 2012
This query is : Resolved
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.
Kiran Kumar
(Expert) 30 September 2012
You need not to assume or presume the things at this stage.
At this moment simply defend yourself.
The police may not accept your theory at this stage, however you may file a complaint before Magistrate but it may not benefit you as you dont have any written agreement or some supporting witness to your claim.
However, you may prosecute your wife later for malacious prosecution and perjury.
Sudhir Kumar, Advocate
(Expert) 30 September 2012
when the mopney is restored to you (as decribed by you) then there is no BOT.
if you insist that the money give to FIL hgas been embezzeled you cn file BOT but in that case you will be proving the the monery which came to your account was deory demand. The job of prosecution in case against you will be easy.
PARTHA P BORBORA
(Expert) 30 September 2012
i suport the opinion Mr Kiran Kumar. I just want to add one thing that to prosecute her for malaciously prosecute you, you must be aquited by the court from all charges of the case.
Adv.R.P.Chugh
(Expert) 30 September 2012
Since the money was never misappropriated or converted to own use - it is not criminal breach of trust.
anand
(Querist) 01 October 2012
Thank you. The only question - while the money has technically been returned, my wife has stated it is a dowry transaction due to force from me. Nowhere does she mention that she is returning the same money she got from me. Does it not count as a "conversion to own use" as described in the IPC?
Kiran Kumar
(Expert) 01 October 2012
you need to prove the fact first that it is the same money which was returned, you need to prove that it was not a dowry transaction.
since there is no criminal breach of trust so I dont think there is any offence content in the transaction.
but for your purpose you need to prove that it was the same money which you gave and now false allegations of dowry are being made.
later you may prosecute them for perjury.
Guest
(Expert) 03 October 2012
Mr. Anand,
Please clarify if the dowry case has already been filed against you by your wife, or you desire advice as to what precautionary steps you can take in this case to avoid dowry case likely to be made against you at some time later?
V R SHROFF
(Expert) 03 October 2012
no BOT , Al transaction by cheque , so it speaks of itself. u hv to defend at the moment.
Watch closely her evidence and take action later on, finding loop-holes
Sudhir Kumar, Advocate
(Expert) 03 October 2012
Your facts are scattered around different pages as under :-
http://www.lawyersclubindia.com/experts/406-etc-in-false-dowry-case-342511.asp
http://www.lawyersclubindia.com/forum/Change-io-57173.asp
http://www.lawyersclubindia.com/experts/False-498a-quashed-against-parents-312536.asp
http://www.lawyersclubindia.com/forum/Fir-and-perjury-60046.asp
http://www.lawyersclubindia.com/experts/breach-of-trust-in-false-dowry-case-342411.asp
Who do you think has time to spy around the entire website to search for the facts relating to your case and give you complete advise. Better be just to the experts and put facts on one thread.
