A man’s suit seeking recovery of over Rs 10 lakh from his in-laws has been dismissed by a Delhi court on the grounds that it was filed after a delay of over three years and matrimonial disputes were pending between the him and his wife.
The court said the man has been able to establish transfer of money in the bank accounts of his estranged wife’s siblings but the suit was being dismissed as it was barred by law of limitation of time.
“I hereby hold that the plaintiff, no doubt, has been able to establish the transfer of amount in the accounts of the defendants (in-laws) but despite the same the suit of plaintiff fails being barred by law of limitation,” Additional District Judge Kamini Lau said.
“In view of my findings, I hereby hold that the plaintiff is not entitled to any relief of recovery as asked for in the plaint. The suit of the plaintiff is hereby dismissed,” the judge said.
The court said the amount was transferred in the accounts of the man’s in-laws in May 2010 whereas the suit has been filed on August 23, 2014, much beyond the period of limitation. Under the Limitation Act, the period of limitation is three years and the time period begins when the loan is given.
The man, a Delhi resident, had filed the suit seeking recovery of Rs 10,19,200 which he had given to his wife’s siblings, who reside in Punjab.
He said he had got married in 2007 and his wife and in- laws lured him to invest money with his brother-in-law in his real estate business. He claimed that defendants had said he would get the money back along with interest.
He said in the suit that in October 2011, his wife went to her parental house along with their daughter but did not return thereafter. Due to this, relations between the man and his wife and in-laws turned sore and strained.
He added that in 2013, when he lost hope of restitution of relations with his wife and in-laws, he filed the suit for recovery of his money.
The court, in its judgement, noted that the man has failed to place on record any written agreement between him and his in-laws, pursuant to which he had given money to them.