Urgent help - froud money...

Whether your FIL have giving you money and why he has given such hefty amount to you. For which purpose. Let us deny the all allegation and fight on merit. Don't be upset and face the case.

Thanks , i have already with the question like that , from where he borrow money , any bank statement which shows he withdrawls from him , any person for he has take , any kind of business transction ...

 

this will lead him down...

source o money has to be aduced by your ather in law, so raise the issue o source o money in the court, then cat will be out, whoever it is!

does he possess any proof of giving such amount . the burden is upon him to prove it.

he don't have any kind of proff that he has given me money , but may be stand two or three guys stating that infornt of him he has given this money to me...

then what should i do...

Here your father-in-law has filed a case against you, alleging that he had given you a sum of 20 lakh, and he also alleges that you did not repay the money to him.

This case will succeed only and only if he proves by means of evidence (oral or documentary evidence) that:

(i) he gave you money and that he gave you the specified amount i.e. Rs. 20 lakh

(ii) that he had given money to you in the belief that you will return the money (i.e. he had given the money as a loan and not as a gift) (here he would also have to give proof of the terms for return of money namely the time within which you have to return, in how many instalments, at what rate of interest, etc)

(iii) also that the time for last date of return of the said amount has elapsed and you still haven't paid. (In case the last date for payment has not reached, he cannot file a case against you.)

As per The Indian Evidence Act, the burden of proof lies completely on him to prove all the facts, for him to win the case against you.

If your father-in-law is not able to prove all these points satisfactorily, then you need not worry, you will not be held liable for the said amount.

But if there is any evidence submitted by him, in that case, you may have to be a little cautious and depending on what he has submitted in court you'll have to defend yourself accordingly.

If you give some more details, I'd be able to help better.

1. My Father In law not given me any money as a loan or gift

2. He filed a wrong case against me

3. Because i have filed RCR against his daughter as our marriage was held on 24/12/2012 after that she didn't came to my home...

4. My Mother In law forceing me to give money if i want divorce

 

5. after that they are therating me that they will kill my family...

6. after that i lodge a complaint against my father in law that he is therating me that he could kill me

7. now he is teling me that he drag me in to court in the offence of RS. 20 lakhs...

 

Please adivce point to point...

1. My Father In law not given me any money as a loan or gift

may be dowry and after marriage some disturbances occuered and you wife left you

 

 

2. He filed a wrong case against me

he file case on you after you filed compliant before police

 

3. Because i have filed RCR against his daughter as our marriage was held on 24/12/2012 after that she didn't came to my home...

why she returned is the big question 

 

4. My Mother In law forceing me to give money if i want divorce

wthout staying with you they want divorce what happened

 

 

5. after that they are therating me that they will kill my family...

if they are influentual persons then only they will threaten you like this dont worry as you have given police this will be proof inthe court 

 

6. after that i lodge a complaint against my father in law that he is therating me that he could kill me

in that pretext he filed the expenses of marriage and dowry a case of given money to you in the court

 

7. now he is teling me that he drag me in to court in the offence of RS. 20 lakhs...

alread he filed in the court so prove you innocence before the court meet a good lawyer and show what all evidences you have to prove that you had not taken money and also dowry 

 

here you have to explain why she left and why they want divorce 

1. My Father In law not given me any money as a loan or gift

may be dowry and after marriage some disturbances occuered and you wife left you

 

I Have Not Demand anything like this from my Father In law

 

2. He filed a wrong case against me

he file case on you after you filed compliant before police

 

YES

 

3. Because i have filed RCR against his daughter as our marriage was held on 24/12/2012 after that she didn't came to my home...

why she returned is the big question 

 

She is working in STATE BANK - Rajasthan and don't want to leave this job , and she wants me to live with her till her job contiue , and I don't want to leave my father mothter they live in Gujarat...this is the become a big problem between me and her parents....

 

4. My Mother In law forceing me to give money if i want divorce

wthout staying with you they want divorce what happened

 

 

they are that kind of person very rigid....they want only money..even not thinking about her doughter future...

 

5. after that they are therating me that they will kill my family...

if they are influentual persons then only they will threaten you like this dont worry as you have given police this will be proof inthe court 

 

6. after that i lodge a complaint against my father in law that he is therating me that he could kill me

in that pretext he filed the expenses of marriage and dowry a case of given money to you in the court

 

they are that kind of person , very rigid , rude behaviour....they want only money..even not thinking about her doughter future...

 

 

7. now he is teling me that he drag me in to court in the offence of RS. 20 lakhs...

alread he filed in the court so prove you innocence before the court meet a good lawyer and show what all evidences you have to prove that you had not taken money and also dowry 

 

if i don't want to give divorcee ..then may be ther is no question of alimony...

In view of the above facts, it seems that he is claiming Rs. 20 lakhs as alimony / maintenance . This sum of money can be paid as lump sum amount in the beginning or small amounts on a monthly or yearly basis. In this case, it seems they are claiming a lump sum amount. In most cases, the court orders the husband to pay this sum to the wife, so that she can maintain herself out of this money. The quantum of the money differs from case to case, i.e. if the wife is herself earning the husband may not have to pay or has to pay very little amount. If the wife has no means of livelihood, the husband may have to pay more. And it also depends on the other factors, like conduct of the parties, etc.

 

In your case, as you have mentioned that she is already working. And also taking into consideration another very important factor that she is not willing to live with you and that you have filed a case for restoration of conjugal rights, and that you are more than willing to stay with her and also bear her expenses, it may be possible that you may be ordered to pay very little amount or may be no money at all.

To make your case stronger against their demand you will have to emphasise the fact that you want to stay with her and that she is not willing to stay with you (unless she does not have any specific, strong and legal reason to not to stay with you) and that the marriage is breaking at her instance and not because of you. Here the conduct of your wife may be relevant to determine the amount of alimony.

Moreover, you said they are threatening you, this act may amount to an offence of criminal intimidation. But, since this offence is non-cognizable, you may have to file a private complaint before the Magistrate.