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UNPAID LOAN BY EX-DAUGHTER INLAW

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  • This topic has 30 replies, 1 voice, and was last updated 9 years ago by  Anonymous.
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    • #111
      Anonymous

      I HAD GIVEN A LOAN OF ABOUT INDIAN RUPEES FIVE HUNDRED THOUSAND (FIVE LAKHS ) REMITTED FROM DUBAI IN 2007 AND 2008.TO MY EX DAUGHTER IN LAW.SHE WAS CONTINUOUSLY HARASSING MY SON ,ME AND MY WIFE .SHE STARTED TROUBLING OUR FAMILY ON DAILY BASES AS SHE WANTED ME TO REMIT THE FUNDS TO HER NRE ACCOUNT.SHE STARTED TO ABUSE US AND USED FILTHY,DIRTY AND FOUL LANGUAGE IN ORDER TO PRESSURIZE US AND LITERALLY HARASSING AND TERRI SING US ON DAILY BASIS. AS A RESULT OF WHICH I WAS ADMITTED TO THE HOSPITAL DUE TO BRAIN STROKE. THE LOAN WAS GIVEN AS SHE VERBALLY PROMISED TO REPAY WITHIN A PERIOD OF 12 TO 14 MONTHS.I HAD TO REMIT ,TO KEEP PEACE AND HARMONY IN THE HOUSE AND HER PROMISE TO REPAY. IN 2009 MY SON AND SHE FILED FOR MUTUAL DIVORCE AND ON 29TH OF FEB 2009 THE DIVORCE WAS GRANTED.

      NOW HOW DO I GET HER TO REPAY THE LOAN BACK,WHICH WAS GIVEN TO HER, ON TRUST AND HER

      PROMISE TO REPAY BACK.HOW DO I CLAIM FOR THE LOSS OF SALARY AS A RESULT OF HOSPITALIZATION AND ULTIMATELY I HAD TO RESIGN.WILL I BE ABLE TO CLAIM INTEREST ALSO ON LOAN FROM THE DATE OF REMITTANCE AND CREDIT TO HER ACCOUNT TILL THE DATE OF REPAYMENT.

      PLEASE REPLY URGENTLY ON COMPASSIONATE GROUNDS.

      SKK

    • #875
      Anonymous

      Dear Sir SKK,

      Who says you have given loan to you EX-DAUGHTER INLAW ?? you are just lying..

      If you can’t defend my above allegation, then you can’t do any thing… People have proofs and agreements of loan still they have file cases and after years court will give order to repay which will be challanged by opp. party in higher court and again you have to fight. even if you have proof that it’s loan. what proofs you are having “VERBALLY PROMISED “.. Forget about intrest, Capital amount is also not gonna to come.

      Regards,

      Atit

    • #876
      Anonymous

      The loan was amount was through bank transfer be me and was remitted through the banking channels from Dubai to

      her account in the bank NRE a/c ..The receipts and application states that i am the r emitter and the Bnf

      is her with Bank seal and stamp.On the receipt ,according to law,one has to write the purpose of remittance.

      I wrote the purpose as LOAN WHICH BANK HAD NO OBJECTION.THE FUNDS WERE WITHDRAWN BY HER TO

      BUY A CAR IN INDIA AND OTHER HOUSE HOLD ITEMS FOR HER PARENTS.

      IS THIS PROOF NOT SUFFICIENT? SIR ,HOW YOU CAN SAY THAT I AM LYING.

      FURTHER I HAVE MEDICAL REPORTS ISSUED BY GOVERNMENT OF DUBAI ,WHICH SAYS HYPERTENSION

      AS THE MAIN REASON.MORE OVER SHE HAS SAID THAT I KNOW IT IS A FRAUD,BUT IN INDIA NOTHING

      CAN BE DONE AS I AM IN A TOWN,PEOPLE ARE KNOWN TO ME AND BOYFRIEND FATHER IS A HIGH

      OFFICIAL.

      MY MAIN PURPOSE IS TO GET MY MONEY BACK .

      PLEASE ADVISE

    • #877
      Anonymous

      Dear Sir, Don’t get boiled… and you can type in small letters also.

      My intension to reply you in strong words are just i was making you aware that this is just a internet forum, in court you have to face many other serious allegations then this one.. remittance can be used as one of the proff but it’s not solid and legal evidance.. The best evidance is get it documented in terms of LOAN AGREEMENT.. Even bank ask for surity / property papers or blank cheques even they go for LOAN agreement. WHY? because they know it’s this LOAN AGREEMENT Is not gonna to get back their money.

      I have seen many cases where people have proper documentation of loans and still they are facing trouble to recover their money. many times if oppnent shows willingness to repay capital court will ask you to forget interest. or court will order to repay as per his convenience..

      there are many reasons for hypertension… which way you are gonna to prove that I got cured with hypertention just because she is not repaying the loan.. and because of that i have lost my job??

      just make it clear that you want to put her behind the bars or want your money back.. both are diffrent things…

      And in Last I will be happy to put my view on any thing related men’s right or harrasment faced by Indian Male. this is seems to be little off topic.

      PLS Sir Don’t take it in other sense but You haven’t taken care of your own money. and just to have temp peace in your family, you have paid something which you want it back now.. Even before Landing the money to her you are aware of that she is not gonna to repay it. and she just want your money not your family and not your son’s love at all..

    • #878
      Anonymous

      Just make you laugh here… On a litter note .. I have read this in one of the shop

      +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

      Once upon a time I have friend, I have money..

      My friend asked me for my money

      I gave my money to my friend,

      I asked my friend for my money..

      now i don’t have friend , and don’t have my money..

    • #879
      Anonymous

      sir,

      Thanks for your advise.I simply want her to be punished as i am of the view that she would

      not harass and cheat anyone else.If she is not punished then she would be tempted to cheat

      more.

      With due respect to you,i typed in block letters in order to high light, not to offend you.

    • #880
      Anonymous

      Legally, a loan given to anybody without paperwork cannot be treated as loan so there is no way that you can get it back. Anyway, anything given to daughter-in-law when she was residing with your son cannot be legally claimed back unless you documented it as a “Loan”.

      Moreover, generally when divorce is signed by mutual consent, both the parties give each other’s belongings / gifts etc back and mutual consent agreement mentions that all exchange etc has been done and now both the parties dont owe each other anything. As you have mentioned that your son and daughter-in-law have already got divorced, now at this stage if you bring this matter to focus, you will not get anything as such.

    • #881
      Anonymous

      The mutual consent divorce agreement was between my son and her ex.where i did not sign as a witness. I was out of the the country. Nor my wife signed.I am of the view that in this case the parties concerned are my son and

      her ex.The mutual consent agreement was signed by her and my son.The question of returning belonging does are arise as we did not receive nor we asked for.My son returned her jewelery back and which she acknowledged in writing.

      i feel parties in this case are my son and his ex. They both signed where i did not sign and was out of the country.

      please advise that i can sue her for miss Trust and breach of contract .

      The suggestions if any will be highly appreciated .

      Awaiting reply from esteemed organization.

    • #882
      Anonymous

      Hello, Mr. Skk. Could you read the mutual consent paper first and write here… Seems to be like that you are not in sync with reality.. that’s what say.. again and again you are coming with the same thing… PLS consult some lawyer and pay him to understand why this is not possible..

      Some one had killed you and you are still dreaming to shout that m live.. better sync with reality and laws..

    • #883
      Anonymous

      Thank you for the advise.

      i still feel that we are in no way part of the “parties” as mentioned.

      thank you for the invaluable time spent on answering the queries.

      I really appreciate.

    • #884
      Anonymous

      Skk,

      Assuming that you are not a party in this case. So, first of all, why did you give her money? Legally, if you are not a party, she is not related to you either. Now, in this case, if you go and give money to a neighbor and do not document it as a loan, he is not legally liable to pay back your “Loan”.

      Else if she was your daughter – in – law when you gave her money (which is not loan unless documented), it becomes her streedhan legally and so you cannot claim it back. I know this would sound really bad but this is legal reality and all of us are facing the pain of the same.

    • #885
      Anonymous

      Dear Mr. SKK.

      Before posting reply to this, pls read the mutual consent degree, whre it must have written that both the parties, and families and friends of both the parties, will not get in to any kind of legal dispute after this. and all the court cases if any has to be withdraw..

      Pls read it first.. and if you wanted harrass that bitch why you have given divorce at all?? you could have keep on hanging and enjoy the frustation of opposite party…

    • #886
      Anonymous

      Sir Atit.rajpara

      Firstly she was my ex daughter in law.While i very much value the advise ,may i have the opportunity to

      correct,my son gave divorce and not me(‘ if you wanted harass that bitch why you have given divorce at all’)

      Any way i really appreciate the suggestions/advise.

      As i am living abroad for the last 40 years ,i am not conversant with the Indian law.In my country of residence one

      can claim back even the gifts given to sons and daughters too,any time if any dispute arises.

      Once again my sincere and wishful thanks to your Team.

      thank you.Please keep up the good work (a type of pressure group.)

    • #887
      Anonymous

      Dear SKK

      First I would like to respect your age as you have married son you must be at my Dad’s age. that’s right in your country you can claim the given gifts also. BUT in India it is not.. here husband pay for EMI of house and Indian

      Government force you to allow your wife stays in that house with her paramour, and you have to stay in rented house.

      If you don’t have job, court may ask you to beg and pay maintainance to your wife evn your wife is earning 20000 per month. just because you are men.

      Many cases marriage doens’t last for 3 months and people use to pay 30 L to 50 L as alimoney because they donesn’t want their married sisters and lder parents behind the bars even you haven’t take dwry at all.. no one listens to you and not bothered to do any investigation.

      In India, 2 months old infrant got anti-cipatery bails… isn’t it wonderful??

      In India, mother in laws accused of false 498a, got raped in police custody.. itn’t it gr8??

      In India, if you are late for 2 hour to reach your marriage place, girlsfather is launching false dowrycase against you.. Isn’t it gr8 that they donesn’t have brain to think that bus can be punctured??

      Legally your wife can stays with her paramour if she wish…then why they marry guy??

      Legal system will not handover child custody to you if you have daughter… What’s a bullshit logic??

      if you don’t pay telephone bill or light bill that can attract domestic violence for you…

      Even judges are not spared here…. they says in open court room “do as your wife says, else you will be in troubled”

      In Single line i will say marraige is ciime in India. and many other laws which is violatiing the basic human rights..

      Thanks for alias “Pressure group” …

      Regards

      Atit

      http://siff-pune.blogspot.com/

    • #888
      Anonymous

      oohfff!!!!! what a shame! Please keep up the ‘pressure group’ as some day law will be changed.Some one

      will listen to the woes of MEN and the authorities concerned re read law to change to make equal sided.

      Though it may take ages but at later date Men will benefited as WOMEN are enjoying with present legal

      system.Here i would like to state that 5 to 10% of the WOMAN will be cunning.This also applies to men also.

      Those were the golden years when woman used to respect their husbands and pray for the husbands.

      There are women who deserve respect and their are men too who deserve respect.I believe in give respect

      and take respect.It should not be one sided.

      I further believe law is made for the society to live in harmony and benefit of human beings.Some misuse

      the law to their advantage.How selfish.Some day god will punish them in his own way.

      Bagwan ke ghar der hai ANDHER nahi.

      keeping this in mind i will not persue the matter till …………..

      I highly appreciate the good work being carried by your organisation.

    • #889
      Anonymous

      If you are sure of proving the amount given as loan and also prove that the recovery is pending then go ahead and file a loan recovery suit. Depending on the reply of the respondent, you might get further ideas on how to counter it.

      Sometimes we are so much stuck up with the first step itself that we are not able to think further and loose the opportunity. May be that she is taken up by suprise on your move and commit some error which will be blessing in disguise and pave your way further.

      Disclaimer : The suggestion above in no way guarantees achievement of objective and the person posting this message can not be held responsible of the outcome of any such step.

    • #890
      Anonymous

      Thanks Shree JH KUMAR.

      thank you very very much.money given to her was a loan.When ever i asked her to repay,her tantrums started.She started blackmailing my son with divorce.She knew that my son is emotionally attached with

      my grandson who is now three years.My son wanted to save his marriage.We were also of the view that

      divorce is not the only solution and suggested my son to live in India for the time being till she wants to come

      back.My son shifted to India.After living with my son after a few days,she started her tantrums again and started

      blackmailing my son and harassing him.She on many occasions asked my son to give financial help to her parents.MY son might have given in lakhs to her parents.She wanted more and more for her entertainment,partying and for her parents.last resorts my son got a divorce from her.The custody of grandson is with her.Her father is alcoholic and cannot live without without drinks.now she is going out with her boyfriend.

      she is demanding child support of Rs10,000/ per month.

      please suggest should my son agree to her demands.We lived abroad for 40 years and are not conversant with laws here.

      please guide appropriately what would be the best course of action for recovering loan and what punishment she gets.will my son able to get custody of his son.will he be able to get money back from her parents which he

      sent to them through western union.some receipts amounting lakhs are with him.


      a friend in need is friend indeed.

    • #891
      Anonymous

      I will suggest your son to start getting familiar with Indian laws as it might be a long battle for him, also because he has long life in front of him and he is emotionally attached to his son. There are some factors you need to consider

      1) To fight legal battle in India, you need to be in India (either frequently or for in a stretch) which will make you spend money

      2) Your current status of NRI makes you prone to fraud/ cheating/ misleading in the hands of lawyer

      Regarding Recovery of loan

      1) There are legal provision (please note that it is no guarantee that you will get your claim) where you can initiate processes. Refer one sample judgement here – http://delhicourts.nic.in/Nov08/DEEPA%20JAIN%20VS.%20RAMA%20KANT.pdf

      2) Both you and your son can initiate appropriate process. But please consider above factors before proceeding further. It is no guarantee, particularly in the absence of any written agreement.

      Regarding Child maintenance demand/ child custody

      1) Agreeing to such a demand of ex-wife is against the Indian way of life. Better wait for her to initiate a maintenance claim suit through court and proceed further unless you are compelled to pay because of your own emotional attachment.

      2) Your son can claim for child custody subjected to the above consideration of your limitation of physical presence and prone to being misled by lawyers and end up spending few thousand dollars.

      3) Something that can be in your favor for claiming child custody is (if ex-spouse is living with her parents) her alcohalic father and her spending time with her boy friend, again subjected to enough evidence.

      If you have any relatives in India in the same city where ex-spouse is staying then it might help you a bit from logistic perspective.

    • #892
      Anonymous

      If your grandson was born abroad, then check if he is citizen of that country by birth. You might be able to initiate child custody process as per your country’s law.

    • #893
      Anonymous

      we have sufficient proof that her father is an alcoholic and cannot live without drinks.He has been admitted

      to the hospital a number of times. We are trying to get his medical history.

      All of us hold Indian citizenship expect my younger son’s wife.My older son’s wife has Indian citizenship with whom

      my older is facing problem.

      she is living with parents and does not care for the child at all.When she was Abroad my wife and my son cared for the child.So my grandson is more attached with father.Till now as recent as 1 month my grandson was living

      with my son.She said she cannot keep son though the custody was with her and to take him.My son went to her

      city and brought him back and admitted him to a school nursery near by.one day she came with police to get him.she had filed the case against my son for kidnapping.Where as she called my son to ask him to take the boy. Now the child is with her and demands educational and upbringing and she is demanding Rs10,000/ per month.She is simply harassing pressuring and blackmailing my son.MY son was asked by the police to give son to her.

      i have the following questions,please educate me.

      1)can she demand for a share in my property which is in my name after getting Divorce.

      2)can she demand part of my income for her son.

      3)have to change my will as i have as one of beneficiary my grandson name,in case i die before my grand

      son attains adult hood.

      4)can she files a case against me or my wife after the divorce in India though we lived abroad

      I was abroad at that time.

      I am grateful for the time spent on me.

      THANKS IN ADVANCE

    • #894
      Anonymous

      Dear Mr SKK,

      On this child support issue i would be happy to put my comments and as he is male child till the age of 7 court can ask you to let the child with her only. but after 7 curt will see who is in better position to take care of child.. for that you have to prove many things like she is not taking care of your grandson, she is living in adultary, she is cruel to your grandson.. for all this you can hire private detectives and collec enough proofs in next 4 years. even if you ahve any proofs that your son and wife is suppose to take care of child even before divorce it will add more imapact.

      regarding other questions see respective opinions.

      1. No. she can’t claim anything from your property.on in india also.

      2. No. She can’t clain any money from your income. it’s purely your son’s income.

      3. certainly, this has to be done without delay.. if you were live when your grandson is back in your family again you can change the will.

      4. she can file 498a and can blame that you have asked for dowry.. but may i know since how long they are seperaated in terms of judiciary?? if it’s more than 3 years than she can’t file 498a, she has to add more colors to her false story. and even if she does that nothing is gonna to you and your wife untill and unless you are planning to visit india.. if yo are not gonna to come here then nothing will happen. Even most of the 498a cases after divorce indicates that she had filled it to harrass you and you can easily dischare or quash it and file defamation on her , where max punishment is 7 years. < not sure, cause somewhere i have read it as 10 years>.

      Hope you are satisfied with my answer on this front..

      If your son is in india why don’t you ask him to Join SIFF? even I request you to go through below website.

      •http://mynation.net/contact-us/

      •http://www.saveindianfamily.org

      Regards

      Atit

    • #895
      Anonymous

      Dear SKK,

      Very first thing you presume that you have lost your money and you will be fighting a lost battle. So start fighting first by sending her a legal notice to repay the loan advanced by you to her otherwise you will be compelled to take civil/criminal legal action and after getting her reply or not getting reply in stipulated period file a criminal complaint with Police Commissioner/Superintendent of Police of the area where your daughter-in-law stays. Your stand is simply you advanced loan to your daughter-in-law which she is not repaying. She was advanced money with trust that she will repay, therefore she is accused u/s.417, 418 & 420 of IPC (cheating) and 406 (breach of trust). You have to file private complaints against her at magistrate court and civil case for recovery of money for which you will have to come in person at least for few times.

      Your case is very strange. I observe that in such circumstances you have not mentioned what advise you have received from your advocate on your matter or simply a cricket /football game is being played on this forum. I see that as being a FREE forum, this is a sort of time pass place.

      M.R. GUPTA

    • #896
      Anonymous

      First of let me thank you for the advise/suggestions. i am living Abroad for the last 40 years.As I am not conversant with Indian Laws( seems to be century/2 century old with recent amendments/new enactments

      YOU have rightly said it is not a cricket/football game where entrance is free of charge.

      Forums as these where one can get advise/suggestions,are created solely to help as i see

      I was advised that I contact forums/NGO in India.That ‘s why I contacted you.

      I was also advised to be careful of Solicitors as the tendency is to give ‘wrong’ and unusably advise and to over

      charge charge NRE clients.

      Please suggest some good,honest names and addresses of Solicitors

      I would like to mention AGAIN that i had lent my ex daughter in law of about 5 lakhs Indian Rupees to her

      (much much more for which i have no solid proof) and any advise will be welcome.

      I am not a sort of person to waste time unnecessarily and play games.I value time as i am of the view that

      TIME IS MONEY. Thus i have no right to waste time

      hers by unnecessary correspondence.

      Once again i am thank full the this forum for imparting valuable suggestions and am grateful for the

      time spent on giving useful information.

      (i am also bit confused as some of the suggestions given such as “istridhan” etc etc.How can it be called as such which i earned and lent her from my savings being tired of her tantrums and harassment)

    • #897
      Anonymous

      skk,

      Sorry for wasting your time …..

    • #898
      Anonymous

      I really sorry to if remarks have offended.Mam ,U need not say sorry as i feel i mentioned About Istridhan.

      How it can be Istridhan which i earned and gave loan.I would agree the ex husband’s earnings are treated

      as istridhan according to Indian Laws.

      anyway,u need not say sorry as u are doing a wonderful work by imparting valuable knowledge as well others.

      I am really really thankful.

    • #899
      Anonymous

      Dear Skk,

      Since we are non-commercial organization, we don’t recommend any lawyer/ solicitor. I hope you appreciate our stand.

      You can contact local activist in your city (or closest one), preferably over phone to get the detail, if it is available with them. You can find the contact number of local activist at below website URL.

      <http://www.saveindianfamily.org/contact-us/activists.html&gt;

    • #900
      Anonymous

      Dear Skk,

      Since we are non-commercial organization, we don’t recommend any lawyer/ solicitor. I hope you appreciate our stand.

      You can contact local activist in your city (or closest one), preferably over phone to get the detail, if it is available with them. You can find the contact number of local activist at below website URL.

      <http://www.saveindianfamily.org/contact-us/activists.html&gt;

    • #901
      Anonymous

      What is limitation period to file criminal/civil as per u/s.417, 418 & 420 of IPC (cheating) and 406 (breach of trust)

      Within what period a case is to filed

    • #902
      Anonymous

      i have gon through your matter ,

      you may file suit for recovery of amount before the court through you lawyer .

      Your,

      Aadvocate Racmhandra.

    • #903
      Anonymous

      Please advise me the time limit provided to file cases as this.Within what time the case can be filed .

    • #904
      Anonymous

      Please advise the time limit for filing the case,criminal or civil

      Will any of the members or advocates/moderators help me advise so i can plan accordingly.

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Welcome Forums Law General Questions UNPAID LOAN BY EX-DAUGHTER INLAW

Tagged: 

  • This topic has 30 replies, 1 voice, and was last updated 9 years ago by  Anonymous.
Viewing 30 reply threads
  • Author
    Posts
    • #111
      Anonymous

      I HAD GIVEN A LOAN OF ABOUT INDIAN RUPEES FIVE HUNDRED THOUSAND (FIVE LAKHS ) REMITTED FROM DUBAI IN 2007 AND 2008.TO MY EX DAUGHTER IN LAW.SHE WAS CONTINUOUSLY HARASSING MY SON ,ME AND MY WIFE .SHE STARTED TROUBLING OUR FAMILY ON DAILY BASES AS SHE WANTED ME TO REMIT THE FUNDS TO HER NRE ACCOUNT.SHE STARTED TO ABUSE US AND USED FILTHY,DIRTY AND FOUL LANGUAGE IN ORDER TO PRESSURIZE US AND LITERALLY HARASSING AND TERRI SING US ON DAILY BASIS. AS A RESULT OF WHICH I WAS ADMITTED TO THE HOSPITAL DUE TO BRAIN STROKE. THE LOAN WAS GIVEN AS SHE VERBALLY PROMISED TO REPAY WITHIN A PERIOD OF 12 TO 14 MONTHS.I HAD TO REMIT ,TO KEEP PEACE AND HARMONY IN THE HOUSE AND HER PROMISE TO REPAY. IN 2009 MY SON AND SHE FILED FOR MUTUAL DIVORCE AND ON 29TH OF FEB 2009 THE DIVORCE WAS GRANTED.

      NOW HOW DO I GET HER TO REPAY THE LOAN BACK,WHICH WAS GIVEN TO HER, ON TRUST AND HER

      PROMISE TO REPAY BACK.HOW DO I CLAIM FOR THE LOSS OF SALARY AS A RESULT OF HOSPITALIZATION AND ULTIMATELY I HAD TO RESIGN.WILL I BE ABLE TO CLAIM INTEREST ALSO ON LOAN FROM THE DATE OF REMITTANCE AND CREDIT TO HER ACCOUNT TILL THE DATE OF REPAYMENT.

      PLEASE REPLY URGENTLY ON COMPASSIONATE GROUNDS.

      SKK

    • #875
      Anonymous

      Dear Sir SKK,

      Who says you have given loan to you EX-DAUGHTER INLAW ?? you are just lying..

      If you can’t defend my above allegation, then you can’t do any thing… People have proofs and agreements of loan still they have file cases and after years court will give order to repay which will be challanged by opp. party in higher court and again you have to fight. even if you have proof that it’s loan. what proofs you are having “VERBALLY PROMISED “.. Forget about intrest, Capital amount is also not gonna to come.

      Regards,

      Atit

    • #876
      Anonymous

      The loan was amount was through bank transfer be me and was remitted through the banking channels from Dubai to

      her account in the bank NRE a/c ..The receipts and application states that i am the r emitter and the Bnf

      is her with Bank seal and stamp.On the receipt ,according to law,one has to write the purpose of remittance.

      I wrote the purpose as LOAN WHICH BANK HAD NO OBJECTION.THE FUNDS WERE WITHDRAWN BY HER TO

      BUY A CAR IN INDIA AND OTHER HOUSE HOLD ITEMS FOR HER PARENTS.

      IS THIS PROOF NOT SUFFICIENT? SIR ,HOW YOU CAN SAY THAT I AM LYING.

      FURTHER I HAVE MEDICAL REPORTS ISSUED BY GOVERNMENT OF DUBAI ,WHICH SAYS HYPERTENSION

      AS THE MAIN REASON.MORE OVER SHE HAS SAID THAT I KNOW IT IS A FRAUD,BUT IN INDIA NOTHING

      CAN BE DONE AS I AM IN A TOWN,PEOPLE ARE KNOWN TO ME AND BOYFRIEND FATHER IS A HIGH

      OFFICIAL.

      MY MAIN PURPOSE IS TO GET MY MONEY BACK .

      PLEASE ADVISE

    • #877
      Anonymous

      Dear Sir, Don’t get boiled… and you can type in small letters also.

      My intension to reply you in strong words are just i was making you aware that this is just a internet forum, in court you have to face many other serious allegations then this one.. remittance can be used as one of the proff but it’s not solid and legal evidance.. The best evidance is get it documented in terms of LOAN AGREEMENT.. Even bank ask for surity / property papers or blank cheques even they go for LOAN agreement. WHY? because they know it’s this LOAN AGREEMENT Is not gonna to get back their money.

      I have seen many cases where people have proper documentation of loans and still they are facing trouble to recover their money. many times if oppnent shows willingness to repay capital court will ask you to forget interest. or court will order to repay as per his convenience..

      there are many reasons for hypertension… which way you are gonna to prove that I got cured with hypertention just because she is not repaying the loan.. and because of that i have lost my job??

      just make it clear that you want to put her behind the bars or want your money back.. both are diffrent things…

      And in Last I will be happy to put my view on any thing related men’s right or harrasment faced by Indian Male. this is seems to be little off topic.

      PLS Sir Don’t take it in other sense but You haven’t taken care of your own money. and just to have temp peace in your family, you have paid something which you want it back now.. Even before Landing the money to her you are aware of that she is not gonna to repay it. and she just want your money not your family and not your son’s love at all..

    • #878
      Anonymous

      Just make you laugh here… On a litter note .. I have read this in one of the shop

      +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

      Once upon a time I have friend, I have money..

      My friend asked me for my money

      I gave my money to my friend,

      I asked my friend for my money..

      now i don’t have friend , and don’t have my money..

    • #879
      Anonymous

      sir,

      Thanks for your advise.I simply want her to be punished as i am of the view that she would

      not harass and cheat anyone else.If she is not punished then she would be tempted to cheat

      more.

      With due respect to you,i typed in block letters in order to high light, not to offend you.

    • #880
      Anonymous

      Legally, a loan given to anybody without paperwork cannot be treated as loan so there is no way that you can get it back. Anyway, anything given to daughter-in-law when she was residing with your son cannot be legally claimed back unless you documented it as a “Loan”.

      Moreover, generally when divorce is signed by mutual consent, both the parties give each other’s belongings / gifts etc back and mutual consent agreement mentions that all exchange etc has been done and now both the parties dont owe each other anything. As you have mentioned that your son and daughter-in-law have already got divorced, now at this stage if you bring this matter to focus, you will not get anything as such.

    • #881
      Anonymous

      The mutual consent divorce agreement was between my son and her ex.where i did not sign as a witness. I was out of the the country. Nor my wife signed.I am of the view that in this case the parties concerned are my son and

      her ex.The mutual consent agreement was signed by her and my son.The question of returning belonging does are arise as we did not receive nor we asked for.My son returned her jewelery back and which she acknowledged in writing.

      i feel parties in this case are my son and his ex. They both signed where i did not sign and was out of the country.

      please advise that i can sue her for miss Trust and breach of contract .

      The suggestions if any will be highly appreciated .

      Awaiting reply from esteemed organization.

    • #882
      Anonymous

      Hello, Mr. Skk. Could you read the mutual consent paper first and write here… Seems to be like that you are not in sync with reality.. that’s what say.. again and again you are coming with the same thing… PLS consult some lawyer and pay him to understand why this is not possible..

      Some one had killed you and you are still dreaming to shout that m live.. better sync with reality and laws..

    • #883
      Anonymous

      Thank you for the advise.

      i still feel that we are in no way part of the “parties” as mentioned.

      thank you for the invaluable time spent on answering the queries.

      I really appreciate.

    • #884
      Anonymous

      Skk,

      Assuming that you are not a party in this case. So, first of all, why did you give her money? Legally, if you are not a party, she is not related to you either. Now, in this case, if you go and give money to a neighbor and do not document it as a loan, he is not legally liable to pay back your “Loan”.

      Else if she was your daughter – in – law when you gave her money (which is not loan unless documented), it becomes her streedhan legally and so you cannot claim it back. I know this would sound really bad but this is legal reality and all of us are facing the pain of the same.

    • #885
      Anonymous

      Dear Mr. SKK.

      Before posting reply to this, pls read the mutual consent degree, whre it must have written that both the parties, and families and friends of both the parties, will not get in to any kind of legal dispute after this. and all the court cases if any has to be withdraw..

      Pls read it first.. and if you wanted harrass that bitch why you have given divorce at all?? you could have keep on hanging and enjoy the frustation of opposite party…

    • #886
      Anonymous

      Sir Atit.rajpara

      Firstly she was my ex daughter in law.While i very much value the advise ,may i have the opportunity to

      correct,my son gave divorce and not me(‘ if you wanted harass that bitch why you have given divorce at all’)

      Any way i really appreciate the suggestions/advise.

      As i am living abroad for the last 40 years ,i am not conversant with the Indian law.In my country of residence one

      can claim back even the gifts given to sons and daughters too,any time if any dispute arises.

      Once again my sincere and wishful thanks to your Team.

      thank you.Please keep up the good work (a type of pressure group.)

    • #887
      Anonymous

      Dear SKK

      First I would like to respect your age as you have married son you must be at my Dad’s age. that’s right in your country you can claim the given gifts also. BUT in India it is not.. here husband pay for EMI of house and Indian

      Government force you to allow your wife stays in that house with her paramour, and you have to stay in rented house.

      If you don’t have job, court may ask you to beg and pay maintainance to your wife evn your wife is earning 20000 per month. just because you are men.

      Many cases marriage doens’t last for 3 months and people use to pay 30 L to 50 L as alimoney because they donesn’t want their married sisters and lder parents behind the bars even you haven’t take dwry at all.. no one listens to you and not bothered to do any investigation.

      In India, 2 months old infrant got anti-cipatery bails… isn’t it wonderful??

      In India, mother in laws accused of false 498a, got raped in police custody.. itn’t it gr8??

      In India, if you are late for 2 hour to reach your marriage place, girlsfather is launching false dowrycase against you.. Isn’t it gr8 that they donesn’t have brain to think that bus can be punctured??

      Legally your wife can stays with her paramour if she wish…then why they marry guy??

      Legal system will not handover child custody to you if you have daughter… What’s a bullshit logic??

      if you don’t pay telephone bill or light bill that can attract domestic violence for you…

      Even judges are not spared here…. they says in open court room “do as your wife says, else you will be in troubled”

      In Single line i will say marraige is ciime in India. and many other laws which is violatiing the basic human rights..

      Thanks for alias “Pressure group” …

      Regards

      Atit

      http://siff-pune.blogspot.com/

    • #888
      Anonymous

      oohfff!!!!! what a shame! Please keep up the ‘pressure group’ as some day law will be changed.Some one

      will listen to the woes of MEN and the authorities concerned re read law to change to make equal sided.

      Though it may take ages but at later date Men will benefited as WOMEN are enjoying with present legal

      system.Here i would like to state that 5 to 10% of the WOMAN will be cunning.This also applies to men also.

      Those were the golden years when woman used to respect their husbands and pray for the husbands.

      There are women who deserve respect and their are men too who deserve respect.I believe in give respect

      and take respect.It should not be one sided.

      I further believe law is made for the society to live in harmony and benefit of human beings.Some misuse

      the law to their advantage.How selfish.Some day god will punish them in his own way.

      Bagwan ke ghar der hai ANDHER nahi.

      keeping this in mind i will not persue the matter till …………..

      I highly appreciate the good work being carried by your organisation.

    • #889
      Anonymous

      If you are sure of proving the amount given as loan and also prove that the recovery is pending then go ahead and file a loan recovery suit. Depending on the reply of the respondent, you might get further ideas on how to counter it.

      Sometimes we are so much stuck up with the first step itself that we are not able to think further and loose the opportunity. May be that she is taken up by suprise on your move and commit some error which will be blessing in disguise and pave your way further.

      Disclaimer : The suggestion above in no way guarantees achievement of objective and the person posting this message can not be held responsible of the outcome of any such step.

    • #890
      Anonymous

      Thanks Shree JH KUMAR.

      thank you very very much.money given to her was a loan.When ever i asked her to repay,her tantrums started.She started blackmailing my son with divorce.She knew that my son is emotionally attached with

      my grandson who is now three years.My son wanted to save his marriage.We were also of the view that

      divorce is not the only solution and suggested my son to live in India for the time being till she wants to come

      back.My son shifted to India.After living with my son after a few days,she started her tantrums again and started

      blackmailing my son and harassing him.She on many occasions asked my son to give financial help to her parents.MY son might have given in lakhs to her parents.She wanted more and more for her entertainment,partying and for her parents.last resorts my son got a divorce from her.The custody of grandson is with her.Her father is alcoholic and cannot live without without drinks.now she is going out with her boyfriend.

      she is demanding child support of Rs10,000/ per month.

      please suggest should my son agree to her demands.We lived abroad for 40 years and are not conversant with laws here.

      please guide appropriately what would be the best course of action for recovering loan and what punishment she gets.will my son able to get custody of his son.will he be able to get money back from her parents which he

      sent to them through western union.some receipts amounting lakhs are with him.


      a friend in need is friend indeed.

    • #891
      Anonymous

      I will suggest your son to start getting familiar with Indian laws as it might be a long battle for him, also because he has long life in front of him and he is emotionally attached to his son. There are some factors you need to consider

      1) To fight legal battle in India, you need to be in India (either frequently or for in a stretch) which will make you spend money

      2) Your current status of NRI makes you prone to fraud/ cheating/ misleading in the hands of lawyer

      Regarding Recovery of loan

      1) There are legal provision (please note that it is no guarantee that you will get your claim) where you can initiate processes. Refer one sample judgement here – http://delhicourts.nic.in/Nov08/DEEPA%20JAIN%20VS.%20RAMA%20KANT.pdf

      2) Both you and your son can initiate appropriate process. But please consider above factors before proceeding further. It is no guarantee, particularly in the absence of any written agreement.

      Regarding Child maintenance demand/ child custody

      1) Agreeing to such a demand of ex-wife is against the Indian way of life. Better wait for her to initiate a maintenance claim suit through court and proceed further unless you are compelled to pay because of your own emotional attachment.

      2) Your son can claim for child custody subjected to the above consideration of your limitation of physical presence and prone to being misled by lawyers and end up spending few thousand dollars.

      3) Something that can be in your favor for claiming child custody is (if ex-spouse is living with her parents) her alcohalic father and her spending time with her boy friend, again subjected to enough evidence.

      If you have any relatives in India in the same city where ex-spouse is staying then it might help you a bit from logistic perspective.

    • #892
      Anonymous

      If your grandson was born abroad, then check if he is citizen of that country by birth. You might be able to initiate child custody process as per your country’s law.

    • #893
      Anonymous

      we have sufficient proof that her father is an alcoholic and cannot live without drinks.He has been admitted

      to the hospital a number of times. We are trying to get his medical history.

      All of us hold Indian citizenship expect my younger son’s wife.My older son’s wife has Indian citizenship with whom

      my older is facing problem.

      she is living with parents and does not care for the child at all.When she was Abroad my wife and my son cared for the child.So my grandson is more attached with father.Till now as recent as 1 month my grandson was living

      with my son.She said she cannot keep son though the custody was with her and to take him.My son went to her

      city and brought him back and admitted him to a school nursery near by.one day she came with police to get him.she had filed the case against my son for kidnapping.Where as she called my son to ask him to take the boy. Now the child is with her and demands educational and upbringing and she is demanding Rs10,000/ per month.She is simply harassing pressuring and blackmailing my son.MY son was asked by the police to give son to her.

      i have the following questions,please educate me.

      1)can she demand for a share in my property which is in my name after getting Divorce.

      2)can she demand part of my income for her son.

      3)have to change my will as i have as one of beneficiary my grandson name,in case i die before my grand

      son attains adult hood.

      4)can she files a case against me or my wife after the divorce in India though we lived abroad

      I was abroad at that time.

      I am grateful for the time spent on me.

      THANKS IN ADVANCE

    • #894
      Anonymous

      Dear Mr SKK,

      On this child support issue i would be happy to put my comments and as he is male child till the age of 7 court can ask you to let the child with her only. but after 7 curt will see who is in better position to take care of child.. for that you have to prove many things like she is not taking care of your grandson, she is living in adultary, she is cruel to your grandson.. for all this you can hire private detectives and collec enough proofs in next 4 years. even if you ahve any proofs that your son and wife is suppose to take care of child even before divorce it will add more imapact.

      regarding other questions see respective opinions.

      1. No. she can’t claim anything from your property.on in india also.

      2. No. She can’t clain any money from your income. it’s purely your son’s income.

      3. certainly, this has to be done without delay.. if you were live when your grandson is back in your family again you can change the will.

      4. she can file 498a and can blame that you have asked for dowry.. but may i know since how long they are seperaated in terms of judiciary?? if it’s more than 3 years than she can’t file 498a, she has to add more colors to her false story. and even if she does that nothing is gonna to you and your wife untill and unless you are planning to visit india.. if yo are not gonna to come here then nothing will happen. Even most of the 498a cases after divorce indicates that she had filled it to harrass you and you can easily dischare or quash it and file defamation on her , where max punishment is 7 years. < not sure, cause somewhere i have read it as 10 years>.

      Hope you are satisfied with my answer on this front..

      If your son is in india why don’t you ask him to Join SIFF? even I request you to go through below website.

      •http://mynation.net/contact-us/

      •http://www.saveindianfamily.org

      Regards

      Atit

    • #895
      Anonymous

      Dear SKK,

      Very first thing you presume that you have lost your money and you will be fighting a lost battle. So start fighting first by sending her a legal notice to repay the loan advanced by you to her otherwise you will be compelled to take civil/criminal legal action and after getting her reply or not getting reply in stipulated period file a criminal complaint with Police Commissioner/Superintendent of Police of the area where your daughter-in-law stays. Your stand is simply you advanced loan to your daughter-in-law which she is not repaying. She was advanced money with trust that she will repay, therefore she is accused u/s.417, 418 & 420 of IPC (cheating) and 406 (breach of trust). You have to file private complaints against her at magistrate court and civil case for recovery of money for which you will have to come in person at least for few times.

      Your case is very strange. I observe that in such circumstances you have not mentioned what advise you have received from your advocate on your matter or simply a cricket /football game is being played on this forum. I see that as being a FREE forum, this is a sort of time pass place.

      M.R. GUPTA

    • #896
      Anonymous

      First of let me thank you for the advise/suggestions. i am living Abroad for the last 40 years.As I am not conversant with Indian Laws( seems to be century/2 century old with recent amendments/new enactments

      YOU have rightly said it is not a cricket/football game where entrance is free of charge.

      Forums as these where one can get advise/suggestions,are created solely to help as i see

      I was advised that I contact forums/NGO in India.That ‘s why I contacted you.

      I was also advised to be careful of Solicitors as the tendency is to give ‘wrong’ and unusably advise and to over

      charge charge NRE clients.

      Please suggest some good,honest names and addresses of Solicitors

      I would like to mention AGAIN that i had lent my ex daughter in law of about 5 lakhs Indian Rupees to her

      (much much more for which i have no solid proof) and any advise will be welcome.

      I am not a sort of person to waste time unnecessarily and play games.I value time as i am of the view that

      TIME IS MONEY. Thus i have no right to waste time

      hers by unnecessary correspondence.

      Once again i am thank full the this forum for imparting valuable suggestions and am grateful for the

      time spent on giving useful information.

      (i am also bit confused as some of the suggestions given such as “istridhan” etc etc.How can it be called as such which i earned and lent her from my savings being tired of her tantrums and harassment)

    • #897
      Anonymous

      skk,

      Sorry for wasting your time …..

    • #898
      Anonymous

      I really sorry to if remarks have offended.Mam ,U need not say sorry as i feel i mentioned About Istridhan.

      How it can be Istridhan which i earned and gave loan.I would agree the ex husband’s earnings are treated

      as istridhan according to Indian Laws.

      anyway,u need not say sorry as u are doing a wonderful work by imparting valuable knowledge as well others.

      I am really really thankful.

    • #899
      Anonymous

      Dear Skk,

      Since we are non-commercial organization, we don’t recommend any lawyer/ solicitor. I hope you appreciate our stand.

      You can contact local activist in your city (or closest one), preferably over phone to get the detail, if it is available with them. You can find the contact number of local activist at below website URL.

      <http://www.saveindianfamily.org/contact-us/activists.html&gt;

    • #900
      Anonymous

      Dear Skk,

      Since we are non-commercial organization, we don’t recommend any lawyer/ solicitor. I hope you appreciate our stand.

      You can contact local activist in your city (or closest one), preferably over phone to get the detail, if it is available with them. You can find the contact number of local activist at below website URL.

      <http://www.saveindianfamily.org/contact-us/activists.html&gt;

    • #901
      Anonymous

      What is limitation period to file criminal/civil as per u/s.417, 418 & 420 of IPC (cheating) and 406 (breach of trust)

      Within what period a case is to filed

    • #902
      Anonymous

      i have gon through your matter ,

      you may file suit for recovery of amount before the court through you lawyer .

      Your,

      Aadvocate Racmhandra.

    • #903
      Anonymous

      Please advise me the time limit provided to file cases as this.Within what time the case can be filed .

    • #904
      Anonymous

      Please advise the time limit for filing the case,criminal or civil

      Will any of the members or advocates/moderators help me advise so i can plan accordingly.

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