New Delhi: The Delhi High Court refused to grant interim relief to a man accused of robbing his wife's jewelry. While hearing the case, the court said that the jewelry received by the wife is her personal property and in such a situation, it was unfair to take it without her knowledge even if it was her husband who took it.
A bench of Justice Amit Mahajan in its order said that even though the applicant in the case was the husband of the complainant, the law does not permit him to take jewelry and household articles in this manner without informing the wife. According to the petition, a complaint of theft was given against the accused at the KN Katju Marg police station in Rohini by his wife.
It is alleged that when she had gone to her parents' house, her husband had stolen jewelry, cash and household items from the house. At the same time, the accused husband said that the complainant had gone of her own free will and had to remove the belongings due to leaving the rented house.
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The court, however, said that no person can be allowed to take the law into his hands on the pretext that there is a dispute between them. On this basis, the husband can neither be allowed to drive the wife out of the matrimonial home nor can he be allowed to take away the stolen goods. The court said that the investigation of the case is at an initial stage and the accused has neither joined the investigation nor has the jewelry been recovered yet.
It also cannot be said that false allegations have been leveled against the accused. In such a situation, the arrest of the accused is not the basis for the grant of pre-arrest bail and the petition is dismissed. The petitioner had given an application for a direction to stay the arrest in the case.
