SURAJ PARKASH Vs. MOHINDER PAL SHARMA

JUDGEMENT

(1.) BY this order, we are disposing of Letters Patent Appeal and the Cross Objections arising out of order dated 8.9.1987 passed by the learned Single Judge in F.A.O. No. 239-M of 1986.

(2.) THE parties solemnised the marriage on 25.11.1984. In less than one year of the marriage, the appellant filed a petition dated 7.8.1985 under Section 10 of the Hindu Marriage Act, 1955 (for short, 'the Act') against the respondent for grant of decree of judicial separation. During the pendency of that petition, the appellant also moved an application on 25.7.1985, under Section 27 of the Act for return of dowry articles as indicated in the list appended therewith. In the list filed along with petition under Section 27, the value of jewellery was mentioned as Rs. 50,000/-. She also prayed that the dowry articles may be ordered to be returned before the decision of the main petition filed under Section 10 of the Act. However, Additional District Judge, Kurukshetra, who was seized with the matter, did not accept the appellant's prayer and disposed of the petition filed under Section 10 vide his order dated 17.10.1985 and granted the decree of judicial separation.

(3.) FEELING dissatisfied with order dated 12.11.1986 passed by the learned Additional District Judge, the appellant and the respondent filed separate appeals which were registered as F.A.O. No. 239-M of 1986 and F.A.O. No. 12-M of 1987. After hearing the counsel for the parties, the learned Single Judge held that the application filed under Section 27 of the Act should have been disposed of along with the main petition filed by the appellant under Section 10 and that the learned Additional District Judge did not have the jurisdiction to separately decide that application, but he declined to interfere with order dated 12.11.1986.