Jaswant Singh vs Paramjit Kaur

G.C. Garg, J.—This appeal is directed against the order dated January 16, 1992 of learned Additional District Judge, Sirsa passed on a petition u/s 27 of the Hindu Marriage Act (for short "the Act").

Jaswant Singh-appellant filed a petition u/s 13 of the Act for dissolution of marriage between the parties by a decree of divorce. During the pendency of this petition, the respondent-wife filed an application u/s 27 of the Act to the effect that she was entitled to get back the properties as detailed in the application and the husband was legally liable for the return of the said properties as detailed in the application and the husband was legally liable for the return of the said properties. The same being in his possession. This application was at one stage dismissed by learned Additional District Judge but the order passed therein was set aside in revision by this Court with the direction to the trial Court to dispose of the application u/s 27 of the Act along with the main petition.

Learned Additional District Judge while disposing of the main petition, also disposed of the said application by order dated January 16, 1992 and directed the husband to return the articles mentioned in para No. 3 (1) (i to vi) and (b) (1 to 17) of the application or the value thereof within a period of three months. The husband-appellant feeling aggrieved by the said order has filed the present appeal.

Learned counsel for the appellant pointed out that u/s 27 of the Act, order for the return of dowry articles could not be made unless it was found that the properties jointly belong to the parties. It was further contended that the articles as detailed in the application were not the joint properties of the parties and as such no order could be passed by the Court below on application u/s 27 of the Act.

After going through the relevant evidence on the record and hearing learned counsel for the parties I find force in the contention raised on behalf of the appellant.

Section 27 of the Act reads thus :

"Disposal of property - In any proceeding under this Act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife."

From the perusal of the provisions of Section 27 of the Act, it is quite obvious that the Court could make an order as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife. A perusal of the impugned order shows that no finding has been recorded by the Court below that the articles which have been ordered to be returned to the wife belonged jointly to both the husband and the wife.

In view of the aforesaid conclusion, this appeal succeeds and is allowed. Order dated January 16,1992 is set aside. The matter is remitted back to the learned Additional District Judge to dispose of the application u/s 27 of the Act in accordance with law and having regard to the observations made above. No costs.