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2016 Supreme(Chh) 155

PRASHANT KUMAR MISHRA, CHANDRA BHUSHAN BAJPAI
Devika Joshi w/o Deepak Joshi – Appellant
Versus
Deepak Joshi S/o Shri Manohar Lal Joshi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri T.K. Jha

JUDGMENT :

Prashant Kumar Mishra, J.

1. Present is an appeal under Section 19(1) of the Family Courts Act, 1984 assailing the legality and validity of the order passed by the Family Court directing the appellant/wife to amend the application to make it a plaint; value the stridhan item for the purpose of pecuniary jurisdiction and Court fee, thereafter pay the requisite Court fee in terms of Section 7 of the Court Fees Act, 1870.

2. The facts of the case, in brief, are that the appellant preferred an application before the Family Court under Section 7 Explanation (c) of the Family Courts Act, 1984, for return of stridhan properties on averment that the parties were married according to Hindu law on 15.07.2013 at village Birjhapur, District-Durg, however, on account of dispute between the parties, she had to prefer an application under Section 125 of Cr.P.C. for grant of maintenance. The respondent/non-applicant is not returning the stridhan properties as detailed in Para-6 of the application, therefore, the respondent/non-applicant be directed to return the properties.

3. The application was presented on 21.12.2015, however, it could not be taken up by the Court as the Presiding Office






























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