Help please
Debasree Das
(Querist) 19 July 2016
This query is : Resolved
My husband is missing. Complain lodged by me at ps. He have some debt in market. We have a 22months old daughter. Now the investors of my husband's business harrasing me. Where as I dnt knw any thing about his business. I'm a housewife. I already broke up with this sudden situation. Do they have any right to complain against me? Please suggest what should i do.
Kappil Cchandna
(Expert) 19 July 2016
Mam,
Tell them to take the debt through court and not by harassing you.
Warm Regards
Kapil Chandna Advocate
9899011450
Kumar Doab
(Expert) 19 July 2016
The debtors can recover from estate if any left by your husband.
Although you have expressed hardships, it is advisable that you may consult your own counsel at your location for detailed advise.
Sudhir Kumar, Advocate
(Expert) 20 July 2016
Nothing new.
Many person lack business skill / do business with other's money / run into loses and run away leaving the family in unfortunate state as you are.
Such persons are either not credit worthy or their business is either illegal or not commercially viable. Therefore they are not able to get bank loans and borrow from market money lenders who are generally unscrupulous and greedy and mostly they do not have money lender license. At times they are themselves goons or they keep goons on their hire.
At times if they are clever they also take PDC from borrower or other documents on the basis which they can frame criminal case and generally they do not want to file civil case or are not legally in a position to do so.
Many a times family is aware where the person is and pretend that he is missing and show a complaint given to the police.
The lenders have all the right to presume and strongly believe that he is hiding on the pretext of missing (this also happens).
You asked on the feasibility of criminal case against him. The reply depends upon the documents they have taken from him and whether or not he raised money from anyone on misrepresentation of purpose or his re-paying capacity.
If they have to file civil case (or criminal case for cheque bouncing) they have to find him so that notice could be served.
If any case of cheating or impersonation (or any other cognisable offence) is made out then they can request and compel the police locate him and police gets a legal right to harass you on the suspicion of hiding his whereabouts.
You are going to be starting point of their investigation to locate him.
P. Venu
(Expert) 20 July 2016
You are not liable for the debts incurred by your missing husband. You may approach the Police if the harassment continues.
Rajendra K Goyal
(Expert) 20 July 2016
you can lodge police complaint if harassed.
Kumar Doab
(Expert) 20 July 2016
You have posted in the query that:
"My husband is missing. Complain lodged by me at ps.'
Is the police acting to provide any relief?
You have not posted what documents signed by your missing husband are in the possession of creditors/lenders.
It is advisable that you may consult your own counsel at your location for detailed advise.
Sudhir Kumar, Advocate
(Expert) 20 July 2016
You may lodge complaint with police and the creditors will be compelled to lodge complaint against your husband (may be you also) if the documents in their hands provides any justification.
