Dear Sir,
I understand that you have been through a very difficult and emotionally traumatic situation. Based on the details provided, it appears that there are multiple legal issues involved, and you may have grounds to take action against the family. However, before proceeding, it is crucial to gather all relevant evidence and documentation to support your claims.
Firstly, regarding the financial aspect, since you have invested a substantial amount of money (₹15 lakhs) towards the purchase of the flat, you may have a claim for the recovery of that amount. If there was a written agreement or understanding regarding the investment and the promised care in return, it would strengthen your case. In the absence of a written agreement, you may still have a claim based on the principles of equity and unjust enrichment.
Secondly, the allegations of defamation (libel and slander) made by the husband against you are serious offenses under the BNS. Defamation involves making false statements that harm the reputation of another person. If the husband has made such false statements about you having an affair with his wife, you may have grounds to file a criminal complaint for defamation under BNS.
Thirdly, the emotional distress, stress, and depression caused by the family's actions may also give rise to a claim for compensation under the law of torts. You may be able to seek damages for the mental anguish and emotional harm suffered due to their actions.
To proceed with legal action, I would recommend the following steps:
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Gather all relevant evidence and documentation, including any written agreements, communications (emails, text messages, etc.), and witness statements, if available.
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Consult with an experienced civil and criminal lawyer in your area to evaluate the strength of your case and the appropriate legal remedies available.
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For the recovery of the invested amount, you may file a civil suit in the appropriate court, seeking the return of the money along with interest and any other damages.
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For the defamation allegations, you may file a criminal complaint with the local police station, providing evidence of the false statements made by the husband.
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Regarding the emotional distress and mental anguish, you may include a claim for damages in the civil suit or file a separate suit for compensation under the law of torts.
It is important to note that legal proceedings can be complex and time-consuming, and the outcome will depend on the strength of the evidence and the interpretation of the law by the courts.
Regards,
Arunkumar Khedia
Advocate Bombay Highcourt.