RAMESH CHAND DAGA Vs. RAMESHWARI BAI

JUDGEMENT

(1.) Leave granted.

(2.) Interpretation of the judgment and order dated 20-1-2000 passed by the High Court of Madhya Pradesh falls for consideration in this appeal which arises out of a judgment and order dated 12-3-2004 passed in C.R. No.110 of 2004, whereby and whereunder the revision application filed by the Appellant herein from an order dated 11-9-2003 passed by the First Additional District Judge, Ratlam in execution of a transferred decree from Family Court, Bombay, was dismissed. LEGAL PROCEEDINGS BETWEEN THE PARTIES :

(3.) An application for judicial separation, maintenance and return of ornaments/property etc. was filed by the Respondent against the Appellant herein before the Family Court at Bombay purported to be in terms of Section 10 of the Hindu Marriage Act, 1955. An alternative prayer was made therein to the effect that if the ornaments were not returned, a decree for a sum of Rs.3,25,655/- together with interest thereon from the date of filing of the application may be passed. In the said proceeding, the Appellant herein raised, inter alia, a contention that the marriage between the parties was a nullity. By a judgment and order dated 9-10-1995, the Family Court allowed the said application in part by granting a decree of judicial separation, maintenance and return of the ornaments. It was, however, directed that in the event the ornaments were not returned the Respondent would be entitled to the value thereof, namely, a sum of Rs.3,25,655/-. However, no decree of interest on the said sum was passed. The Family Court directed :