SURENDRA DIXIT Vs. SEEMA DIXIT

JUDGEMENT

(1.) THE present appeal arises out of the judgment and decree dated 15th January, 1996 passed by the IInd Additional district Judge, Hoshangabad in Matrimonial Suit No. 31-A/95 whereby the trial Court granted a decree of divorce at the behest of the wife and simultaneously issued direction for return of the ornaments as presented to the girl by her father. The present appeal is directed at the instance of the husband i. e. Surendra Dixit.

(2.) LEARNED counsel for the appellant submitted that so far as the decree of divorce is concerned, the appellant has no objection rather he has accepted the decree of divorce but the grievance is only in regard to the part which requires the appellant for return of the ornaments given to the bride by her parents. Learned counsel further submitted that under section 27 of the Hindu Marriage Act (for brevity hereinafter referred to as 'the Act'), the Civil Court while trying the matrimonial suit has no right or jurisdiction to direct for return of the property given to a bride by her parents.

(3.) THE language of the law i. e. section 27 of the Act is extracted as below :" 27. Disposal of property.- In any proceeding under this Act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may, belong jointly to both the husband and the wife. The provision is an enabling provision but the condition is that property must be presented at or about the time of marriage. The property presented by the father of family members of the girl to her is exclusive belonging of the girl and it cannot be held to be joint property of both the husband and the wife or that dominion thereover may be of both husband and wife. The word "jointly" as it appears in section 27 of the Act is used to the word dominion. When a girl comes from her parental house to the matrimonial house with the property which is presented by her father or members of her family then over that property the dominion continues that of the girl but by dominion over property ownership will not rest with the husband. If gift is given to the girl at the time of marriage and if the gift is established absoluted the girl can dispose it of at her pleasure, whether the gift is from the husband or her other relations. The relevant is point of time when the gift is given.