Husband challenged Family Court order directing return of jewels and household articles to his estranged wife pending divorce. His own complaint admitted retaining some gold articles, contradicting his claim of return. The High Court found no error in the trial court's order and dismissed the revision.
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C.R.P.No.181 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2024
CORAM:
THE HONOURABLE Mr.JUSTICE V.LAKSHMINARAYANAN
C.R.P.No.181 of 2023 and CMP.No.1393 of 2023
A.Gurushankar
... Petitioner
Vs
B.Aruna Devi
... Respondent
Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the order and decree dated 25.11.2022 passed in I.A.No.2 of 2022 in OP.No.2586 of 2021 on the file of I Additional Family Court at Chennai.
For Petitioner : Mr.P.Dineshkumar for Mr.K.Myilsamy
For Respondent : Mrs.K.Annamma
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ORDER
This revision petition arises against the order dated 25.11.2022 passed in I.A.No.2 of 2022 in OP.No.2586 of 2021 on the file of I Additional Family Court, Chennai.
They are before the Family Court in O.P.No.2586 of 2021, which has been initiated by the husband against the wife for divorce. Pending disposal of the original proceedings, the wife took out the aforesaid application under Section 27 of the Hindu Marriage Act for return of her articles. The said application was allowed vide order dated 25.11.2022, and the husband was directed to return the jewels and household articles within a stipulated time. Challenging the said order, the husband is before this Court in the present revision.
C.R.P.No.181 of 2023
the said I.A). He himself had also marked Ext.R3, copy of the complaint given by him on 14.10.2021, in which he had stated as follows :
"14/10/2021k; njjp khiy Ma;thsh; Kd;dpiyapy; vd;dplk; ,Ue;j j';f eifahd 2 fk;ky;. 1 gpnu!;nyl;. 2 nkhjpuk;. 1 tisay; vd; kidtpaplk; bfhLj;Jtpl;nld;/ nkYk; vdJ kidtp ehd; bfhLf;f ntz;Lk; vd;W Twpa kPjp j';f eifapid FLk;gey ePjpkd;wj;jpy OP.25862/2021 epYitapy cs;sjhy; kPjp eifapid nkw;go tHf;F epYitapy; 1tJ FLk;g ey ePjpkd;wj;jpy bfhLj;J jhP ;j;Jf; bfhs;fpnwd; vd;gij bjhptpj;J bfhs;fpnwd;/ fhty; epiyaj;jpy; bfhLj;j j';f eifapd; tptuk;/"
This shows that the husband had returned (i) two set of ear rings; (ii) one bracket; (iii) 2 rings; and (iv) one bangle to his wife. He had also categorically stated that he would return the remaining gold articles to his wife, if any directions are issued in O.P.No.2586/2021.
which belonged to the respondent-wife, it is not appropriate now for him to
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plead that he had returned all the jewels to her under Ext.R2. The learned Trial Judge has correctly appreciated the position of law and marshalled the evidence, and has come to the correct conclusion. I do not find any error or irregularity in the order of the I Additional Principal Judge, Family Court, Chennai.
03.06.2024
Index:Yes/No Internet : Yes / No Speaking order / Non-speaking order ds
To:
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C.R.P.No.181 of 2023
V.LAKSHMINARAYANAN,J.
ds
C.R.P.No.181 of 2023
03.06.2024
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1 issue framed by the court
Whether the husband must return the wife's jewels and articles as ordered under Section 27 of the Hindu Marriage Act, given his complaint admitting retention of some jewels.
2 provisions across 2 enactments
A.Gurushankar
B.Aruna Devi
V.Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
