SUBHASH CHANDER ROHILA Vs. ASHA

JUDGEMENT

(1.) This appeal has been preferred against the order dated 13th August, 1995 passed by the learned Additional District Judge, Rohtak, whereby, upon an application under Section 27 of the Hindu Marriage Act, 1955 (hereinafter referred to as `the Act'), the appellant has been directed to return ornaments and cash, valuing Rs. 80,000/- to the respondent-wife.

(2.) The brief resume of the facts is that the appellant and respondent got married on 20th November, 1988. However, on account of matrimonial discord, the respondent-wife filed a petition under Section 13 of the Act for dissolution of their marriage. In the said petition, the appellant-husband was proceeded against ex-parte and a decree of divorce dated 14th February, 1992 was granted in favour of the respondent-wife. Vide the same judgment and order, petition under Section 27 of the Act was also decided and the appellant was directed to pay a sum of Rs. 1,35,413.40 to the respondent-wife towards the value of the articles retained by him. The appellant moved an application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the afore-stated ex-parte judgment and decree. The learned Additional District Judge, Rohtak, vide his order dated 8th August, 1994 refused to set aside the ex-parte decree of divorce, however, the order passed on the application under Section 27 of the Act, was set aside after holding that the appellant had no knowledge or information of the said application.

(3.) There is no dispute that the ex-parte decree of divorce between the parties has attained finality as the same was not further assailed by the appellant.