406 etc in false dowry case
anand
(Querist) 01 October 2012
This query is : Resolved
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.
Guest
(Expert) 01 October 2012
It would have been proper had you posted this query also at the same page where your original query stands and you received response in reply to that.
However, from your present query, it seems you are in haste to leak out your defence points well before the proceedings to the benefit of the opposit party to be well equipped to scuttle down your points during proceedings. You must know that any case, when filed against a person, cannot get quashed without observation of due process of law.
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.
