TANUJA Vs. DINESH KUMAR

JUDGEMENT

(1.) The present appeal under Sec. 19(1) of the Family Courts Act, 1984 has been preferred by the applicant/wife against the judgment and decree dtd. 21/8/2024 passed by the Judge, Family Court, Kanker, District Kanker (C.G.), in Misc. Civil Suit No.02-A/2023 whereby, application preferred by the applicant/wife for retrieval her Stree-dhan, was dismissed.

(2.) Briefly stated fact of the case are that marriage of applicant/wife was solemnized with the non-applicant/husband on 16/2/2020 according to Tribal Gondwana customs at village Shivnagar, Kanker (C.G.). After the marriage and during her stay in in-law's house, she was harassed by non-applicant/husband, his mother and sister. On 20/12/2020, such a situation arose that on the occasion of her birthday she was compelled to come to her parental home in Shivnagar, Kanker, and is staying at her parental house. It was also pleaded that a case being Criminal Case No.665/2021 under Ss. 498, 323, 34 of IPC against non-applicant/husband, his mother and sister is also pending before the trial Court. It was also pleaded that applicant/wife has the right over articles given to her at the time of marriage as Stree-dhan. It was not possible for the applicant/wife and non-applicant/husband to live together as husband and wife and lead a married life, therefore, applicant/wife submitted the application for return of Streedhan from non-applicant/husband.

(3.) The non-applicant/husband was ex-parte before the Family Court.