MANISH NEMA Vs. SANDHYA NEMA

JUDGEMENT

(1.) IN the present appeal preferred under Section 28 of the hindu Marriage Act, 1955 the appellant seeks quashment of judgment and decree dated 24-9-2007 passed in Civil Suit No. 55/ 2007, whereby the trial Court allowed the application preferred under Section 27 of the act of 1955 read with Order 7, Rule 7 of the code of Civil Procedure and Section 151 of cpc preferred by the respondent/plaintiff.

(2.) BONDING of nuptial rights to which the appellant and respondent were knotted on 16-5-2003 got separated when the marriage was declared a nullity under Section 12 (l) (c)of the Act in the proceedings initiated by the respondent when a divorce decree was passed on 12-1-2005.

(3.) PROMPTED by the provisions under section 27 of the Act and Order 7. Rule 7 of the Code of Civil Procedure read with Section 151, cpc the respondent instituted a suit in the Court of 1st Additional District judge Narsinghpur; claiming return of gold and silver ornaments and other articles given as gifts by her parents and relatives at the time of marriage or in alternative recovery of Rs. 1,36,875/- in lieu of 18. 25 Tola gold ornaments, Rs. 11,220/- in lieu of silver ornaments and Rs. 58. 569 in lieu of articles like almirah, dressing table, cooler, television set etc. The total amount for which the suit was preferred was Rs. 2,06,664/ -.