BABITA Vs. MODPRASAD

JUDGEMENT

(1.) The short question arising for determination in this appeal is whether an independent proceeding for return of Streedhan under section 27 of the Hindu Marriage Act, 1955 (henceforth 'the Act, 1955') is maintainable when no other matrimonial proceeding between the parties has ever been decided or pending.

(2.) As projected in the petition under section 27 of the Act, 1955 preferred by the appellant, the parties were married on 9.5.2011, however, on account of dispute between the couple, the appellant lodged an FIR for offence under section 498-A, I.P.C. against the husband and his relatives as also a separate proceeding under section 125, Cr.P.C., 1973 for grant of maintenance. There is no pleading that any proceeding under the Act, 1955 has ever been initiated by any of the parties.

(3.) The Family Court has dismissed the appellant's application as not maintainable on the reasoning that an independent proceeding under section 27 of the Act, 1955 would not lie.