P. R. BORKAR, J.:- This is an appeal preferred by the original respondent, directed against the order passed by the learned Judge, Family Court, Aurangabad in Petition No.B19 of 2004 decided on 4-7-2005, to return Stridhan articles of the respondent-original petitioner as per the list given in the petition.

2. Briefly stated, it is the case of respondent Ujwala that the appellant and the respondent married at Deogaon Rangari, Tq. Kannad, District Aurangabad on 14-4-2003. At that time, the parents and relatives of the respondent Ujwala presented her moveable properties described in the list given in the application. On 26-3-2004 the present appellant asked the respondent to start electric pump but the respondent told him that she would do so after finishing the work at her hand. Enraged thereby, the appellant abused her and poured kerosene on her person and put her on fire. As a result, the respondent Ujwala sustained burn injuries. She was admitted in the Government Hospital at Aurangabad. A criminal case was filed against the appellant for attempting to commit murder of the respondent. After treatment was over, the respondent Ujwala continued to live at Aurangabad with her maternal aunt. The respondent then requested the appellant to return her stridhan properties but he failed to do so and therefore, application is filed for return of stridhan articles which are worth Rs.l,37,450/-.

3. The respondent appeared in the matter by filing his written statement and denied that any such articles were presented to the respondent and contended that he was not in possession of the same. The other averments are also denied. Thus the written statement is of total denial and accordingly the issues were framed.

4. When the matter was fixed for arguments, an application at Exh.42 was filed before the trial Court stating that Family Court at Aurangabad has no territorial jurisdiction. However, the application was rejected on the ground that the application was presented at belated stage i.e. on the day when the final arguments of both the parties were already over. Reliance was also placed on the decision in the case of (Sunita Ravi Sangavai Vs. Ravi Venkatesh Sangavai), reported in 2004(1) Mh.L.J. 870. The case cited was for maintenance under the Hindu Adoption and Maintenance Act and it was held that wife is entitled to institute the proceeding at the place of her residence.

5. Heard Advocate Shri. D. R. Kale Patil for the appellant and Advocate Shri. V. N. Damle, for the respondent. Perused the papers.

6. During the course of argument, it is argued on behalf of the appellant that the trial Court committed an error in holding that the articles mentioned in the application were presented to the respondent and he is in possession of the same. It is also argued that the Court has no territorial jurisdiction. The point of jurisdiction goes to the root of the matter and as such the appeal deserves to be allowed.

7. On the other hand, on behalf of the respondent, it is argued that in view of section 21(1) of Code of Civil Procedure, the objection regarding jurisdiction should have been taken on/before framing of issues. There is no prejudice caused to the appellant and as such there is no merit in the application. It is further stated that the present respondent has examined herself and two more witnesses and their evidence deserves to be believed. It is customary in our society to present articles in the marriage; particularly utensils, household articles, cash and some ornaments are presented to the bride and the appeal deserves to be dismissed.

8. We may first turn to the issue regarding jurisdiction. It is no more disputed that after marriage on 14-4-2003 till the incident of 26-3-2004, the respondent Ujwala was residing with the appellant Ashok at village Wakdi, Tq. Newasa, District Ahmednagar. After suffering bum injuries, admittedly, the respondent was taken to GHA TI (Government Hospital and Training Institute) hospital, at Aurangabad and ther

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