NEEL KANTH JAISWAL Vs. MANJU LATA JAISWAL

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree dated 22-2-2007 passed by Judge, Family Court, Korba in Misc. Civil Suit No. 12/2006 filed for return of Stridhan on behalf of the respondent.

(2.) Judgment and decree has been impugned on the ground that present suit was hit by the Principle of res judicata but Court below has not considered and thereby committed an illegality.

(3.) Briefcase necessary for disposal of this appeal is as per pleadings of the parties specially as per pleading of the appellant present respondent had filed one suit for restitution of conjugal rights in alternate for dissolution of marriage by a decree of divorce before the Principal Judge, Family Court, Durg in Civil Suit No. 431-A/2005 where respondent has also claimed return of Stridhan in terms of Section 27 of the Hindu Marriage Act, 1955 (in short 'the Act'), while dismissing the application filed on behalf of the respondent. Principal Judge, Family Court, Durg has directed to return one Bed and Almirah to the respondent. Therefore, in the light of previous suit for return of Stridhan the present application for return of Stridhan is not maintainable in accordance with Section 11 of the Civil Procedure Code, 1908.