KIRTI Vs. MATA PRASAD

JUDGEMENT

(1.) By preferring this appeal under Section 96 of Code of Civil Procedure read with Section 28 of the Hindu Marriage Act, 1955 the order dated 07th September, 2013 passed in Case No. 78/2013 (Matrimonial) by the Fourth Additional District Judge, Bhind has been made pivot by the appellant/applicant, whereby the trial judge dismissed the application under Section 27 of the Hindu Marriage Act, 1955 filed by the appellant/applicant against the respondents/Non-applicants, who are father-in-law and mother-in-law of the appellant/applicant, for return of Stridhan (gifts) presented to the appellant by her father at the time of marriage, as not maintainable.

(2.) In nutshell, the facts of the case necessary for disposal of this appeal are that marriage of appellant/applicant was solemnized on 6th December, 2008 with Jitendra Kumar Gupta son of the respondents/Non-applicants. It has been pleaded by the appellant/applicant in the application that at the time of marriage her father gave cash of Rs. Ten Lacs and other articles viz. T.V., A.C., Double Bed, Fridge, Washing Machine and other household utensils as well as Gold & Silver Ornaments as Stridhan to her. The above-mentioned Stridhan was handed over by her father to her father-in-law and mother-in-law (respondents herein). It has further been pleaded that before marriage the fact that Jitendra Kumar Gupta has born out of the wedlock of respondent No.1 with her first wife was kept behind the curtains and was not disclosed by respondent No.1 to her father. Before marriage, even it was not brought to the notice of her father that the respondent No.2 is the second wife of respondent No.1. After marriage the respondents used to harass the appellant. The gold and silver ornaments (mentioned at para 5 of the application) which were gifted at the time of marriage by her father and respondent No.1 have also been taken in their possession by the respondents/non-applicants on 24/12/2009 and even after request made by her, they are not intending to return the Stridhan (gifts) presented at the time of marriage. Thus, she filed an application under Section 27 of the Hindu Marriage Act, 1955 praying therein for a direction to the respondents/non-applicants for returning the Stridhan (gifts) to her, which was presented to her at the time of marriage.

(3.) The respondents instead of filing any reply to the aforesaid application filed by the appellant/applicant, chose to file an application praying therein for rejection of the application under Section 27 of the Hindu Marriage Act filed by the appellant on the ground of maintainability. It was pleaded by the respondents that order under Section 27 of the Hindu Marriage Act is of concomitant nature and that can be passed only during pendency of the main matrimonial suit, however, separate suit/application under the aforesaid Section is not maintainable.