• Taking money back which has been taken from me for illegal abortion

So, I was dating a girl in May, we broke up in June and didn't talk till September, then in September she told me that she was pregnant with my kid and had an abortion which cost her 80k, since it was an illegal abortion there was no bill, so she only sent me the copies of the ultrasound report, since she works in the same office as me, I believed her and after she asking for it multiple times I gave her half of the money as I thought of helping her.
Now I have come to realize that she might have used me I asked her for giving my money back.
I told her I will have to take legal action or take help from the company we work for.
She is not paying me the money back and when I went to ask her personally she created a scene in front of her male team members that I am harassing her by asking my money back and that she will file a case against me for harrasment.
What legal action should I take, now she has stopped responding to my text messages and I don't want to create a scene in the office by facing her directly.
Asked 2 years ago in Civil Law

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24 Answers

Hi, it is advisable to issue a legal notice to demand your money back..However, you should also take in consideration the fact ,that she may level false allegations against you in order to avoid returning the money 

Hemant Chaudhary
Advocate, Gurgaon
4617 Answers
58 Consultations

4.9 on 5.0

You can file cheating complaint against her. But the same may backfire you with other complaint from her as she is a woman and majority laws are in her side. It will be better try to send her legal notice she may pay you 

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

See legally you can send her a legal notice and can ask for the amount if she deny you can file a suit for same.

Though in my view any such action from your side she in retaliation may file case against you and can lend you in some trouble and contesting a case shall take lot of.time therefore in my view this issue should be left as it is .

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
151 Consultations

5.0 on 5.0

You should file a criminal complaint against her for cheating and forgery. She took money by telling lies. Also she was mot pregnant.

Regards 

Rahul Mishra
Advocate, Lucknow
13335 Answers
49 Consultations

5.0 on 5.0

Hello

 

you can send a legal notice to her and after that also if she does not refund the money then you can file a case against her.

 

Regards

Anilesh Tewari
Advocate, New Delhi
17878 Answers
349 Consultations

5.0 on 5.0

You can send her a legal notice for recovery of amount and file a police complaint for breach of trust and cheating.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
151 Consultations

5.0 on 5.0

You can send a legal notice to her

Anilesh Tewari
Advocate, New Delhi
17878 Answers
349 Consultations

5.0 on 5.0

Yes you can try the above. If you need assistance I will draft the legal notice for you. 

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

Dear Sir,

The best suggestion would be to be cautious and have sufficient proof that she has indeed threatened to file a false  harassment case against you. It would be vital in countering her claims in front of police and courts and eventually be ridden of any guilty charges. You can write a complaint to your nearest police station, detailing about blackmailing, her false allegations and behavior. And request in your complaint to make her stop the threats immediately.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

All these proofs should be annexed along with the complaint. First of all send her a legal notice. If she does not respond file the complaint.

Rahul Mishra
Advocate, Lucknow
13335 Answers
49 Consultations

5.0 on 5.0

1) forget the money 

 

2) reason being if you harass her she will allege that you had sex with promise of marriage and refused to marry her 

 

3) she may file case of rape against you 

Ajay Sethi
Advocate, Mumbai
85547 Answers
5730 Consultations

5.0 on 5.0

It does n make sense in filing suit to recover Rs 40 k when legal expenses would be more than amount sought to be recovered 

Ajay Sethi
Advocate, Mumbai
85547 Answers
5730 Consultations

5.0 on 5.0

So, you can make complaint against her in the police station money given in helping manner office colleague not returning money back. File 420 IPC.

Ganesh Kadam
Advocate, Pune
12219 Answers
167 Consultations

4.9 on 5.0

420. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person de­ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Ganesh Kadam
Advocate, Pune
12219 Answers
167 Consultations

4.9 on 5.0

This possible only when if you have paid money through banking transfer. The case of abortion may be false and fabricated to extortion of money from you and the matter can not be raised as the hospital will not accept MTP which is illegal.

Send a legal notice to her to pay back else FIR un police under section 420 and 506, 509 for cheating , threatening and misappropriation of your money.

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

- You can file the complaint against her for not repaying the money. Send her legal notice with all facts generally other party pays money on legal notice to avoid the legal hassle.

- If you are determined to pursue the matter then initiate the legal battle. 

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
741 Answers
6 Consultations

5.0 on 5.0

You may have to be careful about this, i.e., if she decides to lodge a criminal complaint against you for the rape offence stating that you raped her on the pretext of marriage with her, you may be in a deep crisis or dire situation.

She may try to avenge you for continuous torture or harassment adopting this method then you may have to face criminal charges which may be disastrous for your own job as well as your future or career.

So, you may take a wise decision of dropping the idea of demanding the money from her moreover there is no evidence in yor side for having given her money hence you may not be able to get the money back from her.

 

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

If you have evidences then you may first issue a legal demand notice, let she give a reply either accepting the same or denying after which you can think about further action.

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

better settle dispute amicably and forget the money. she can file harassment and rape case against you. 

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

if you have transaction details then you can issue a legal notice through an advocate and file recovery of money suit, but in my opinion she may file harassment and other cases against you. if you file recovery of money suit. 

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

- Since by doing so, she has tried to blackmailing you with the purpose of extort amount , and has extort amount from you , hence as per law, she has committed offence. 

- You should lodge your complaint against her blackmailing , and threatening for implicating in false cases with the police and higher official.

- Further, since she is not having any proof of her abortion ,except ultrasound report , hence Y-chromosome DNA  test will be not proved her pregnancy from you.

- You should issue her a legal demand notice for demanding you amount on the ground of friendly loan.

- If she refused to pay the same, then can file a recovery suit for getting the refund of your payment legally, with the proof of transferring amount , and her messages of accepting the same . 

- You have also right to file a defamation criminal case against her blackmailing etc on the ground of said police complaint as well.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
8791 Answers
94 Consultations

5.0 on 5.0

You can, if you want, file a suit for recovery of money against her, but if she hits back by filing a complaint for rape then you will be on a sticky wicket. You will have to run around to obtain bail, and bail is not easily obtainable in a case of raoe. 

Ashish Davessar
Advocate, Jaipur
30752 Answers
930 Consultations

5.0 on 5.0

Lodge a police complaint against her for fraud and cheating also for extortion if the police fail or does not lodge any complaint you have option to file under Sec 200 CrPC a private complaint. If you have proof of sending her money you can serve her a legal notice seeking for repayment of money.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You can just send her a legal notice if you only want money from her. 

And you want lodge FIR against her then it would be for fraud blackmailing and criminal intimidation against her. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

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