LEELAN PAI Vs. NANIK CHAND

JUDGEMENT

(1.) This appeal is by the defendant-wife against whom a decree for return of ornaments detailed in para of the judgment has been passed under section 27 of the Hindu Marriage Act, 1956.

(2.) After hearing learned counsel for both the parties. I am satisfied that the appeal must be allowed. Sec. 27 of the Hindu Marriage Act contemplates application in respect of any property presented, at or about the time of marriage, to both the husband and the wife. There is no pleading in the plaint that these ornaments were presented to both of them. As against this, the respondent as PW 1 admitted in his statement that he got the ornaments prepared for his wife. That being so, section 27 of the Hindu Marriage Act is not at all attracted. The learned trial Court failed to bear in mind the scope of section 27.

(3.) The appeal is allowed. The judgment and decree of the trial Court are set aside and the claim of the respondent for return of the ornaments is hereby dismissed. There shall be no order as to costs of this appeal which shall be borne by the parties as incurred.