KRISHNA KUMAR GUPTA Vs. PRITI GUPTA

JUDGEMENT

(1.) Mr. Shalvin, learned advocate appears on behalf of appellant and on 15/5/2025, with reference to earlier order dtd. 16/4/2025, had handed up demand draft no.026265 dtd. 23/4/2025 issued by Central Bank of India in favour of respondent, for Rs.1.00 lac. He submitted, Rs.6.00 lacs was earlier paid. That he is ready to proceed with hearing of the appeal. Mr. Diwakar Tiwari assisted by Mr. Gyanendra Singh, learned advocates appearing on behalf of respondent, on query had confirmed, Rs.6.00 lacs was earlier paid to his client by appellant.

(2.) The appeal stands preferred against judgment dtd. 31/3/2022 directing appellant to pay Rs.10,54,364.00 in lieu of returning 'stree dhan' articles. We have ascertained, the marriage stood subsequently dissolved on judgment dtd. 1/5/2023 of the Family Court. Prior to that respondent had filed application dtd. 13/5/2015 and obtained order dtd. 11/8/2017 directing payment of maintenance under Sec. 125 in Code of Criminal Procedure, 1973. Appellant earlier paid Rs.6.00 lacs and had handed up said demand draft for payment of another Rs.1.00 lac.

(3.) Submission on behalf of appellant is, impugned judgment was made invoking provision in Sec. 27 of Hindu Marriage Act, 1955. It allows for inclusion of such provisions in the decree with respect to joint property, presented at or about the time of marriage. There cannot be an independent order made under the provision. The marriage stood dissolved on judgment dtd. 1/5/2023. There was no direction for maintenance nor any direction regarding 'stree dhan'. Such direction could only be made in decree passed in the proceeding for dissolution of the marriage but not otherwise.