For cheating...
Shiv Ranjan
(Querist) 18 December 2014
This query is : Resolved
Dear Sir,
Me and my wife have dispute and she left home..
we had a fd with joint name of rs 50000/-. our fd were matured and as the bank instruction was 'either or' she withdrawal fd by take draft with her name instead to credit in our joint account.. and left my home..
can i file cheating case agst my wife in police station???
Bnak is not in fault as there was a instruction of 'either or' but it is cheating of my wife that she taken draft her own name without my written permission and without my knowledge...
pls guide me...
ajay sethi
(Expert) 18 December 2014
no case of cheating is made out . clear instructions had been given to bank that either of you can collect the funds
Shiv Ranjan
(Querist) 18 December 2014
OK SHE CAN COLLECT...BUT CAN NOT USE THAT AMT WITHOUT MY PERMISSION...
AS I COME TO KNOW IT IS COUNTED AS CHEATING WHEN YOU HAVE SOME PROPERTY OR MONEY WITH JOINT NAME AND ONE PERSON TRANSFER IT IN SINGLE NAME THAT IS FRAUD...
I JUST WANT TO KNOW IS IT APPLICABLE TO WIFE ALSO...
SPECIALLY SHE DOING THIS WITH HER PARENTS SUPPORT...
SHE WITHDRAWAL MONEY IT IS NOT OFFENCE BUT SHE TAKEN DRAFT OF HER SINGLE NAME IS NOT OFFENCE???
ajay sethi
(Expert) 18 December 2014
To establish cheating, it is necessary that it has to be proved that the accused induced someone fraudulently or dishonestly so as to deliver any property.
in this case authorisation has been given by you to bank that either of you can collect funds on maturity . there is no dishonest or fraudulent inducement by your wife .
if your wife has retained entire amount of rs 50,000 issue her notice to return 50%of the amount
Shiv Ranjan
(Querist) 18 December 2014
THANK YOU VERY MUCH...
IF MY WIFE REFUSE TO GIVE 50% THEN AND LEGAL ACTION CAN BE TAKEN???
prabhakar singh
(Expert) 18 December 2014
You can file only civil law suit for half of the amount unless you have proof that all belonged to you.
No criminal case is maintainable here in this case.
Anirudh
(Expert) 18 December 2014
Dear Mr. Shiv Ranjan,
YOU WILL NOT SUCCEED IN YOUR ATTEMPT. YOU CAN NEVER GET 50%. WAS THERE ANY AGREEMENT BETWEEN YOU THAT THE MONEY BELONGS 50:50 TO EACH OF YOU? IF NOT ON WHAT BASIS YOU SAY YOU HAVE A RIGHT FOR 50%?
Shiv Ranjan
(Querist) 18 December 2014
Aniruddh Sir,
The FD was in joint name...so the FD amt can be used with the permission of both...
same thing if i do fd with my business partner in joint name..and only one partner withdraw FD and use it without second partner permission then he will not liable????
Guest
(Expert) 18 December 2014
Dear anirudh How Could you say that author has No Rights.The Fd is In Joint Name and They both have Equal rights Irrelevant to Dispute what ever they might have.It should be distributed as 50% to both and Bank has No Right to involve in Disputes
Rajendra K Goyal
(Expert) 18 December 2014
The FD was in joint name, no where it was mentioned / agreement executed that the money belong to both as 50-50%. You may not succeed in your claim. Bank rightly released the payment on maturity. If it was made before maturity, Bank may have asked the consent of both.
If you have informed the Bank not to pay her or withdrawn the amount yourself, money would be yours.
However, Bank deduct the TDS and deposit in the credit of first named person of fixed deposit.
Anirudh
(Expert) 18 December 2014
The author of the query has understood my answer.
If you have any other view, you are free to have it.
Anirudh
(Expert) 18 December 2014
Dear Shiv Ranjan,
Nobody denies that the FD was in joint name. So what?
So long as there is 'either or' instruction, anyone of you could have withdrawn the amount.
So far so good.
Thereafter, on what basis do you say that 50% belongs to you?
Shiv Ranjan
(Querist) 19 December 2014
Thank you all of you for proper guidance.
one more query...pls guide me...
My wife fill 498 and dv agst me and my family with componsation of rs 20 lacs..i have not personal such amt.
on dv can she claim that amt from my parents..??? and i have many loan on salary...will court give maintenance per month on my income after deduction of my loan installment???
she left home with all her gold ornments...but she claim on me now..how i proove that she left my home with her gold ornaments...???
Second Important quary...
she is doing job but in dv application in court(which court given me)she mentioned she is housewife not getting any income..
can i complain in police station for her false affidavite as false affidevate is offence???...or can give application to court about this false affidavite in court hearing...
