JASBIR SINGH Vs. SURINDER KAUR

JUDGEMENT

(1.) The defendant is the appellant, who, aggrieved by the judgments and decrees concurrently passed by the learned courts below, has filed the regular second appeal. The parties shall be referred to as "plaintiff" and "defendant".

(2.) The brief facts of the case are that the plaintiff filed a suit for mandatory injunction directing the defendant to return the articles as mentioned in Annexure A attached with the plaint belonging to plaintiff being Stridhan given to her in the form of gifts by her parents, friends and relatives at the time of solemnization of marriage of the parties.

(3.) As per the admitted case of the parties, marriage of the parties was solemnized on 18/5/2008, however the same was not successful and the plaintiff claims to have been turned out of her matrimonial house constraining her father to approach Pradhan, Gram Panchayat, Ispur, which resulted in a joint meeting of the parties and their brotherhood, but no conciliation could take place. The plaintiff thereafter initiated proceedings under the Protection of Women from Domestic Violence Act, 2005, which are stated to be pending. It is claimed that the defendant threw out the plaintiff from her matrimonial home on 20/4/2009 and thereafter, the plaintiff had been residing with her parents at Una, but the defendant had not handed over the articles to the plaintiff.