OM PRAKASH TIWARI AND OTHERS Vs. NEETU TIWARI

JUDGEMENT

(1.) This appeal has been filed by the appellants under Section 28 of the Hindu Marriage Act, 1955 read with Section 19 of the Family Courts Act, 1984 against the judgment dated 11.03.2016 passed by learned Principle Judge, Family Court, Shahdol in Civil Suit No.1-B/2011, whereby the application filed by the respondent has been allowed by the trial Court and ordered the appellants to return Stridhan or in alternate its value of Rs.11,09,241/-.

(2.) It is not in dispute that appellant no.1 and respondent are husband and wife and their marriage was solemnized on 08.07.2008 according to Hindu Rites. Appellants no.2 to 7 are relatives of appellant no.1. They belong to joint Hindu family. Appellant no.1-husband and respondent-wife are residing separately since 17.05.2009. It is also admitted that FIR under Section 498-A of I.P.C. and Section 3/4 of the Dowry Prohibition Act has been lodged by the respondent against all the appellants.

(3.) In brief the appellants case is that respondent was married to appellant no.1-Om Prakash Tiwari on 08.07.2008 according to Hindu rituals and thereafter, for some time they resided together at Shahdol. Appellant nos.2 to 7 are relatives of appellant no.1. It was alleged by the respondent that when she went to her matrimonial house, she was ill-treated with cruelty for demand of dowry by the appellants. Even when she was ill, appellants did not provide any medical aid to her. On 17.05.2009, appellants sent her to her parental home only with the clothes and jewelery that she was wearing.