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Nitin Arora (Designation)     01 July 2014

Money fraud by sister's husband

Hi,

My sister had a love marriage, her husband was/is a gambling addict. Due to his bad money practices he  has lost all his ancestral money and property which was not known to us at the time of marriage.

Post the marriage, he took up a job with an insurance company as an agent.  At his job he filed various fake policies under his own name and my sister’s name by selling off my sister’s gold and taking loans from private money lenders at huge rate of interest to get promoted.

He used some of my sister’s money, money from colleagues and collected premiums from his company’s clients and gambled it away. He was thrown out of the job and had a huge debt to take care of. During that time my sister was pregnant. My sister has been completely under his control all this while; and has been a part of the money mis-management. Since the clients and money lenders started pressuring him, he confessed to all his wrong-doings. My father had to come forward to help him with money to clear off his debt. My father paid off those people by cheques and demand drafts and has all copies of cheques that were issued by my sister’s husband to them.

Once all this was closed (approx 6-8 months back), he started a silver jewellery trading business.  He tied up with local artisans and started selling these items. He started cheating his clients again by selling items at rates lower than the market by showing them sample pictures and collected money from clients which ultimately never reached them. 8 – 10 clients paid advance but never got any items from him. At the same time, he did not even pay the artisans from whom he had bought samples so the money kept piling up. Now, they are neck deep in debt, they owe money to the artisans, clients and also loans from banks, money lenders etc. All transactions have been done from my sisters bank accounts, she has been signing papers and also issued cheques to artisans and money lenders which have bounced. They have been hiding since 10 days.

On enquiry, we figured out that her husband has not done any transaction from his own account.  

The affected parties have now approached police. They might have or are in the process of filing an FIR against them.  We got a call from the local police station to help them locate my sister and her husband.

Everything my sister owned is now sold or loaned. He has sold off all her gold worth lacs and even mortgaged her car. We want to help her save her from a criminal case; she is caught up with a cheat who is exploiting her.

 

Despite our councelling she is unwilling to leave that man. What can we do to protect her and her baby in this situation? How do we protect her from a criminal case? 



Learning

 7 Replies

Prakash S Thakkar (B.S.L LL.B)     01 July 2014

U can apply for anticipatory bail, in which u can keep her on safer side, by showing all transaction are done by husband nd nt by the wife, further u can also call me on 09765470629. So that i can guide u more clearly.

Biswanath Roy (Advocate)     01 July 2014

Let your sister file an insolvency petition in the District Civil Court and seek protection for her and her baby's life from the hands of various creditors who were in fact cheated by her husband also make a paper publication about filing petition for insolvency.

Sudhir Kumar, Advocate (Advocate)     02 July 2014

I will give my views very dispassionate and what I can udnerstand from whole reading.

 

provided it does not hurt you.  Confirm if ready to hear.

T. Kalaiselvan, Advocate (Advocate)     03 July 2014

First of all an application for anticipatory bail to be moved, obtaining AB, move a petition before the civil court to declare her as  insolvent, that is the remedy available now.  Be precise and brief in your query.

Sudhir Kumar, Advocate (Advocate)     03 July 2014

I believe insolvancy can wade her out of the liability to refund back but her criminal liability stands.

 

happy to be corrected by experts if I am wrong.

Sudhir Kumar, Advocate (Advocate)     03 July 2014

nothing wrong being attached emotionally attached to your sister.  But due to this attachement you are not able to see where she is wrong.

 

Unless you know her follies you cannot find a solutin no matter howsoever best you are advised.

Sudhir Kumar, Advocate (Advocate)     14 July 2014

I reiterate

 

I will give my views very dispassionate and what I can udnerstand from whole reading.

 

 

 

provided it does not hurt you.  Confirm if ready to hear.


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