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2023 Supreme(Chh) 425

RAMESH SINHA, SANJAY K. AGRAWAL, DEEPAK KUMAR TIWARI
Babulal Yadav, S/o Ramkesh Yadav – Appellant
Versus
Sonu Yadav, W/o Babulal Yadav – Respondent


Advocates Appeared:
For the Appellant : Mr. Sanjay Pathak.
For the Respondent: Mr. A.K. Prasad.

ORDER :

(Sanjay K. Agrawal, J.)

1. Finding conflict between the judgments rendered by Division Bench of this Court in FAM No.61/2016 (Smt. Devika Joshi v. Shri Deepak Joshi, 2016 SCC OnLine Chh 2145), decided on 22-7-2016, holding that “independent suit under Section 27 of the Hindu Marriage Act, 1955 (for short, ‘the Act of 1955’) would be maintainable for return of stridhan” and another Division Bench of this Court in the matter of Smt. Babita alias Gyatri v. Modprasad alias Pintu Kheersai Patel and others, AIR 2018 Chhattisgarh 40, holding that “application for return of stridhan under Section 27 of the Act of 1955 is not maintainable”, Division Bench of this Court while hearing this F.A.(MAT) No.40/2022 preferred against the judgment & decree dated 23-12-2021 passed by the Family Court, Ambikapur in Civil Suit No.216A/2018, has referred the matter to Hon’ble the Chief Justice to be placed before larger Bench to answer the following stated question: -

    “Whether the independent petition under Section 27 of the Hindu Marriage Act, 1955 for return of stridhan would be maintainable before the family Court or not?”

2. Pursuant to the order of Hon’ble the Chief Justice (one of us), the mat

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