TORAN SAHU Vs. SUNITA SAHU

JUDGEMENT

(1.) The present appeal under Section 19(1) of the Family Courts Act, 1984 (in short, The Act, 1984) has been filed assailing the judgment and decree of the Family Court, Dhamtari in Civil MJC Case No.106-A/2019, decided on 19.12.2019. Vide the impugned judgment, the court below has allowed the application under Section 27 of the Hindu Marriage Act, 1955 (in short, the Act, 1955) and ordered for handing over the Streedhan along with the goods and an amount of Rs.20,400/- in favour of the respondent-applicant.

(2.) At the outset, the counsel for the appellant submits that the judgment and decree is bad in law to the extent that the proceedings under Section 27 of the Act, 1955 itself was not maintainable for the simple reason that there was no matrimonial proceeding between the parties instituted or pending at the time when the application under Section 27 was filed. Nor was there any matrimonial proceedings earlier filed and already stood decided between the parties. That, under the circumstances an independent application under Section 27 of the Act, 1955 was not maintainable.

(3.) Learned counsel appearing for the respondent on the other hand opposing the appeal submits that under Section 19 of the Act, 1984, the present appeal itself is not maintainable for the reason that the plain reading of the impugned judgment would show that the judgment of the court below has been on the consent of the two parties. That, when the judgment has been passed on consent between the parties, under Sub-section (2) of Section 19 of the Act, 1984, challenge to such an order of the Family Court when made with consent, is not maintainable.