KAVITA Vs. KRISHAN

JUDGEMENT

(1.) Challenge in this revision petition is to the order passed by Additional District Judge, Sonepat dated 25.02.2008 by which an application filed by the petitioner under Sec. 27 of the Hindu Marriage Act, 1955 [for short the Act ], has been dismissed.

(2.) Tersely, the petitioner filed a divorce petition under Sec. 13 of the Act with an application under Sec. 27 of the Act for return of dowry articles which were alleged to be in possession of the respondent. The divorce petition was decided on 01.02.2005 in favour of the petitioner, but the application under Sec. 27 of the Act remained pending. The said application has been treated separately by the learned Court below in which the petitioner has alleged that on 12.02.2001, respondent had turned the petitioner out of her matrimonial home in wearing apparels and refused to return the dowry articles despite repeated requests. In reply, the respondent submitted that his marriage solemnized with the petitioner was a simple affair and all the articles of dowry/istridhan of the petitioner had already been recovered by her through police in case filed vide FIR No.29 of 2001 under Sections 406, 498A and 506 of the Indian Penal Code 1860 registered at Police Station Rai and there is noting left with the respondent to be returned. He also alleged that list of dowry articles/istridhan is fictitious. The entire jewellery given by the respondent to the petitioner is already with her.

(3.) On 03.09.2005, issues were framed. The petitioner examined herself as PW1 and her father as PW2, whereas, the respondent appeared as RW2 and examined Jai Singh son of Kundan as RW1, besides tendering some documents.