SANGEETA B KADAM Vs. BALKRISHNA RAMCHANDRA KADAM

JUDGEMENT

(1.) This Family Court Appeal by the appellant wife seeks to challenge the judgment and order dated 11th June, 2001 passed by a learned Judge of the Family Court at Bandra, Mumbai in Misc. Application no. 47 of 1998 rejecting the same. The Misc. Application decided by the Family Court arose as a result of a remand to that Court by the Hon'ble Supreme court vide its order dated 4th September, 1997 passed in Civil Appeal No. 126 of 1993 directing the Family Court to decide the limited issue with re- spect to the claim made by the appellant wife under section 27 of the Hindu marriage Act, 1955 concerning the return of ornaments and other articles. This judgment of the Apex Court is in the case of (Balkrishna Kadamv. Sangeeta kadam) , is reported in 1998 (1) Bom. C. R. (S. C. ) 462 : A. I. R. 1997 S. C. C. 3562. These ornaments and articles were claimed by the appellant in her written statement to M. J. Petition No. 662 of 1982 filed by the respondent-husband seeking divorce.

(2.) The short facts leading to this appeal are as follows: -

(3.) The respondent husband filed M. J. Petition No. 662 of 1982 in the City civil Court at Mumbai seeking divorce on the ground of cruelty. The appellant wife contested this petition and in the written statement filed by her to this m. J. Petition, she claimed that she had left behind her ornaments of gold and silver and various household furniture and articles in the matrimonial home. It is material to note that the respondent husband did not file any counter to these averments. The aforesaid averments at the end of para 17 of her written statement read as follows: -