VIPUL ROHILLA Vs. MEENAKSHI

JUDGEMENT

(1.) Appellant is husband of respondent. Their marriage was solemnised on 14th February, 2000. It appears that relations between them became sour resulting in various litigations filed by them against each other. Respondent has lodged an FIR under Sections 498-A/406 IPC wherein trial is pending. Respondent had also filed a petition under Section 125 Cr.P.C. seeking maintenance from the appellant as also a petition under Section 18 of the Hindu Adoption and Maintenance Act, 1956 which have already been disposed of.

(2.) Respondent claims that on the day of marriage itself, one FDR for Rs. 51,000/- was made in the joint name of respondent and appellant but after withdrawing the amount from the joint account which respondent was maintaining with her mother. It is this FDR which is bone of contention between the parties and has given rise to the present proceedings.

(3.) Respondent filed two affidavits in the proceedings under Section 125 Cr.P.C. and under Section 18 of the Hindu Adoption and Maintenance Act, 1956. She stated in the said affidavits that her in-laws had taken jewellery, cash and FDR for Rs. 51,000/- in their custody and refused to return the same to her. These affidavits were filed in the month of the March, 2003.