ANJU BHARGAVA Vs. RAJESH BHARGAVA

JUDGEMENT

(1.) This is a wife's appeal against an order of the Additional District Judge dated 12th October, 1983. The Additional District Judge, had, on a petition filed by the appellant, Smt. Anju Bhargava under Section 13(1)(ia) decreed her petition or dissolution of marriage by a decree of divorce.

(2.) The petition was not contested before the District Judge. During the pendency of the petition under Section 13(1)(ia), the petitioner filed an application under Section 27 of the Hindu Marriage Act (hereinafter called "The Act") on 9-5-83. By this application she had prayed that the properties which are mentioned in the schedule, filed along with it, be ordered to be given to the petitioner-wife.

(3.) The District Judge dealt with the petition under Section 13(1)(ia) and the application under Section 27 of the Act by the same order. The District Judge had come to the conclusion that the application, under Section 27 of the Hindu Marriage Act by the petitioner wife, was not maintainable because "it does not refer to any joint property presented to the parties at the time of marriage. It relates to gifts made to the petitioner and is admitted to be dowry". The petitioner's claim for return of the articles mentioned in para 7 of the petition under Section 27 of the Hindu Marriage Act is rejected. Section 27 of the Hindu Marriage Act reads as under :