MRS. TARALA TRIPATHY Vs. RAMBISHAL TRIPATHY

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by the learned Judge, Family Court, Rourkela, in Original Suit/Civil Proceeding No. 12 of the 1996 under Sec. 13 of the Hindu Marriage Act read with Sec. 7 of the Family Courts Act. By the impugned order, the learned Judge, Family Court. while granting a decree of divorce has rejected the application of the defendant wife, filed under Sec. 27 of the Hindu Marriage Act, for return of the dowry articles Being aggrieved by such order, the defendant -wife has filed the present appeal.

(2.) While addressing on the merits of the appeal, learned Counsel for the parties have fairly conceded that since the appellant and the respondent are remaining separately for a reasonably long time, it would not at all be possible for them to live together. Accordingly, the decree of divorce passed by the learned Judge. Family Court, Rourkela is hereby confirmed.

(3.) We are left with the point as to whether the rejection of the appellant's application under Sec. 27 of the Hindu Marriage Act was just was the proper. Let us have a look at the brief facts of the case.