Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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pun (eng)     28 September 2013

Money recovery suit against in laws

Hello Members,

I am thinking to file a money recovery suit against my in laws who has taken money from me time and again for which i have documentary evidence. They took this money giving promise to return it on time and later on filed false 498A on me and my family. Please help if you have any draft for it and other suggestion for drafting it.


Thanks



Learning

 4 Replies

rahul (director)     29 September 2013

498A is nothing to do with recovery suit, these two are totally different,

you can file your suit,

btw, how much amount to be recover?

if possible, go for section 37( summery trial)

this faster then normal recovery suit

in both case, u need to pay court fee..

 

Samir N (General Queries) (Business)     29 September 2013

If you have a pending civil suit involving your wife in the Family Court, then you can add them as a party and amend your filing.

If not, you will have to initiate a different civil suit in a non-Family Court forum, which is like any other civil suit against them only (not your wife). Your basis for recovery will be on the law of torts. That is they defrauded you, cheated you by giving false promises, borrowed from you and refuse to return, etc.  Better have all proofs ready. File anyway. You have nothing to lose.

T. Kalaiselvan, Advocate (Advocate)     29 September 2013

If you have sufficient proof of having given money to your in-laws, go ahead with a suit for recovery of money against them, in fact this will help you to overcome the 498a case against you wherein you can let in that you never demanded dowry from them and instead it was they who have taken money from you for which the evidence is the money recovery suit, consult your lawyer.

Adv. Neha ( )     29 September 2013

@querist File a suit before court to get the recovery of your money that you gave to your in-laws occasionally alongwith evidences. This suit will going to help you in the 498a case also as you are the person who gave money to them that means didnt demanded any dowry or so.


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