ASHOK LAXMAN KALE Vs. UJWALA ASHOK KALE

JUDGEMENT

(1.) This is an appeal preferred by the original respondent, directed against the order passed by the learned Judge, Family Court, Aurangabad in Petition No.B-19 of 2004 decided on 4.7.2005, to return Stridhan articles of the respondent-original petitioner as per the list given in the petition.

(2.) Briefly stated, it is the case of respondent Ujwala that the appellant and the respondent married at Deogaon Rangari, Tq. Kannad, District Aurangabad on 14.4.2003. At that time, the parents and relatives of the respondent Ujwala presented her moveable properties described in the list given in the application. On 26.3.2004 the present appellant asked the respondent to start electric pump but the respondent told him that she would do so after finishing the work at her hand. Enraged thereby, the appellant abused her and poured kerosene on her person and put her on fire. As a result, the respondent Ujwala sustained burn injuries. She was admitted in the Government Hospital at Aurangabad. A Criminal case was filed against the appellant for attempting to commit murder of the respondent. After treatment was over, the respondent Ujwala continued to live at Aurangabad with her maternal aunt. The respondent then requested the appellant to return her stridhan properties but he failed to do so and therefore, application is filed for return of stridhan articles which are worth Rs.1,37,450/-

(3.) The respondent appeared in the matter by filing his written statement and denied that any such articles were presented to the respondent and contended that he was not in possession of the same. The other averments are also denied. Thus the written statement is of total denial and accordingly the issues were framed.