Petitioner wife seeks direction for safe custody of gold ornaments. Supreme Court dismisses revision holding lower court correct but further directs husband to return four specific articles admitted as his property.
Respondent husband directed to return four articles admitted by him as his parents' gifts to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE MR JUSTICE GHULAM MOHAMMED
CIVIL REVISION PETITION No.5823 of 2010
ORDER
This revision is directed against the order of dismissal, dated 30.07.2010, passed by the learned Judge, Family Court, Secunderabad in I.A.No.295 of 2010 in O.P.No.413 of 2009 filed under Section 151 CPC seeking a direction to the respondenthusband to keep the petitioner-wife’s gold ornaments worth Rs.14,10,000/-and other personal belongings under safe and good condition pending disposal of O.P.No.413 of 2009 filed for restitution of conjugal rights.
2. Heard both sides.
3. The relief sought by the petitioner in I.A.No.295 of 2010 is to direct the respondent to keep her gold ornaments and other personal belongings under safe custody. A perusal of the impugned order shows that the Court below on the ground that the alleged gold ornaments are in possession of the respondenthusband, no direction in that regard need be issued and accordingly dismissed the I.A. Therefore, I am of the view that the Court below rightly passed the impugned order, which need not be interfered with.
4. Accordingly, the Civil Revision Petition is dismissed. At this stage, it is represented by the learned counsel for the
petitioner that the gold ornaments belonging to the petitioner may be directed to be returned to her. The order impugned indicates that as per the memo filed by both the parties, the petitioner has received five articles and in the counter, the petitioner-husband admitted that four articles named therein belong to him as his parents presented them. In view of the request of the learned counsel for the petitioner as regards returning of articles belonging to the petitioner, the respondent-husband shall return the same to her. No costs.
______________________ GHULAM MOHAMMED, J
Date:01.07.2011 Note: Issue CC within one week (Bo) sj
1 provisions across 1 enactments
PETITIONER
RESPONDENT
GHULAM MOHAMMED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
