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sunil sunil (sv)     14 February 2012

False 498a and fraud

My wife's family has retained a large sum of money from my salaries with them, for which I have documentation. I had provided them the money to help them out informally so there is no loan document, but there is proof of the transfer. They are now threatening 498a to prevent me asking for this money back.

Please advise on what steps can I take to recover the money back and at what stage? In the 498a, they have put some false claims of dowry as well, which are also smaller than the amount I gave them.


 10 Replies

sunil sunil (sv)     14 February 2012

Also, my wife sent a mutual consent divorce petition to me a few months before 498a. Can this be used to quash the 498a?

adv. rajeev ( rajoo ) (practicing advocate)     15 February 2012

If FIR is filed then challenge it in the High Court there you can produce all the documents to quash the FIR


Dear Sir,

Kindly feel free to discuss the matter with me on 9842197857 to get proper legal advice in your case.



Advocate & Legal Consultant.


sridhar pasumarthy (ADVOCATE)     15 February 2012

High court will not quash the FIR in the given facts of your case as it involves question of facts.

So, first apply for bail and fight the case with the evidence you have.

File a civil suit for recovery of money on the basis of transfer of amount from your bank account to your wife's family members accounts.

1 Like

sunil sunil (sv)     16 February 2012

Thanks. I expect false 406 against me also. Can I use the amount to file a 406 counter case against them? They have been saying they will return the money for over 1.5 years but still have not.

Chaitanya_Lawyer_Mumbai (Lawyer)     16 February 2012

You can file civil suit for recovery of money or you can file FIR u/s IPC 406 against them. 

1 Like

**Vikram** (Managing Partner)     16 February 2012

Aptly advised by Rajoo and Chaitanya..

File a 482 in the HC..for quashing and also in the same application...pray the HC to direct the Lower court to take cognizance u.s 406 against your inlaws..




1 Like

sasha rajeev choudhary (accountant)     10 March 2012

dear friends....

need an urgent solution for my friends case...

We are from goa. My friend got married to a hyderabadi girl in june 2011. was a love marriage after a year of relationship. after around 5-7 days his wife went back to her mother's place in hyderabad and till date never returned back. my friend was deeply n madly in love with her. his wife's side was not that financial strong so ma friend supplied each and every thing to her and her family before and after marriage. including electrica; items like washing machine, rice cooker, oven from goa to hyderabad.

from the day she left she never returned back to goa and friend used to go to her place for 2-3 days but used to come back crying saying they harrassed him... this happened till march 2011. when he went to hyderabad in march 2011 there was a huge fight there and he came back. from that time till february 2012 there was no sign of that girl nor my friend tried to be in contact with her as she and her family abused him very badly in their locality.

now aftet almost a year, she filed an FIR in hyderabad of 498A on him saying that its dowry case.

though giving her every luxury she filed this.

he used to send her money every month on her demand and also used to provide everything to her and her family.

my friend have his bank statement stating the transactions made in hyderabad which was off course to her, even she has gold given to her by my friend and his family.

she looted him for about 25-30 lakhs...

what is d step to be taken by my friend? can we get the case in goa from hyderabad as we dont want to go there. important thing is that the marriage in not legally registerded. please please give some solutions from this trap.

what can we do to put her in her own trap?

will be very thankful for the suggestions...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 March 2012



You can file for recovery of that money.





Shonee Kapoor

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 March 2012



If the money was taken in Goa, the case is maintainable hthere.





Shonee Kapoor

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