narain raj (student) 11 October 2012

Getting back fixed deposit - running on 498a wife name

Hi,

I am married (2years) working in abroad. First 2 months my family life continued without any issue.Third month my wife went to India for medical checkup(pregnancy). While she travelling I have given 1 lakhcash for security purpose. After she reaches her matrimonal home I asked her to make Fixed deposit for theamount which I have given. And she included my name as nominee and she made fixed deposit.And she handed over the original receipt to me while I am visting her next time. I informed the corresponding bank that the invested money is mine and original receipt is with me.Around 3 months before they filed 498a and 406 on my name and family. My father have settled all the sreedhan items mentioned in FIR at mediation cell and got AB.

Now she is trying to get the fixed deposit running on her name. But bank rejected her request stating that herhusband has objection. She is not working and entire deposited cash is mine but i dont have proof for that. I have only proof for my income. And the proofs for circumstances like she deposited in branch near her matrimonal home,after marriage date(because all her sridhan fd's are before marrige),original receipt is with me,like that...

Now how can I claim the amount back?

I have the proof that, all her sridhan articles are returned to them with her signature,her fathers signature,her lawyers signature. Do I need to approach court ? which court?

I dont have bail. still in abroad. I can nominate my lawyer for this?

Thanks in Advance..

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5 Replies

stanley (Freedom) 11 October 2012

1. your query is not clear on whose name is the fixed deposit forget about the nominee part , Nominee comes into consideration only after the death on whose ever name the FD is on . If it is on your name you can claim it . If it is on joint names both can have a claim to it .

2.if she is not working get ready to pay her maintanence which she would file sooner or later if she has not done the same till date :-) . In case you have any children you would have to pay maintanence to them also .

3.yes your lawyer can seek bail for you .

narain raj (student) 11 October 2012

1.) Its on her name. I am just the nominee.

2) No maintenance applied yet by her. I have applied quashing FIR with all valid proofs.

3) I need to know how I can approach the court to prove that the owner of the cash is mine. She is not working. And the sridhan amount also returned back to her.

stanley (Freedom) 11 October 2012

All the more you can always tell the court when ever she files for maintanence that you have paid her this amount . No point crying over spilled milk . At times in our life's our hearts rule over our mind in love and we make our mistakes of enriching our wifes :-) by depositing our wealth with a pure intention . And when sleeping with the enemy in the same bed becomes like hell we realises our mistakes.

narain raj (student) 11 October 2012

Dear Stanley Sir,

Its absolutely true what you said. But she can request and get the amount from me. Instead she is blackmiling that they will intervene while I am applying AB for me. I asked them to write the truth in paper(i.e amount owner is husband) and sign and in the same paper i will write no objection and then I will give the FD bond original in same minute through my lawyer. But they are not accepting.

So before I apply AB I need to legally prove that the amount owner is me not she and I have rights to object the amount withdrawal and my objection not related to her sridthan amount FD and my objection is legally correct.

I have only proof that they have got all stridhan back at mediation cell.

Is there any legal way I can fight and get my AB instead of surrendering my amount to her for getting AB? Their lawyer is saying they will intervene until I give no objection to her to withdraw that FD.