Section 27 of the Hindu Marriage Act, 1955, does not confer jurisdiction on the court to make orders with respect to the property owned by one of the spouses individually.

( 1 ) THIS is an appeal under S. 28 of the Hindu Marriage Act, 1955 (hereinafter called the Act ). The appellant was married to the respondent according to Hindu rites on 10th Oct. , 1973. Two male children were born from this wedlock. Parties lived together up to 22nd Sept. , 1976. On 23rd March, 1979, the appellant filed a petition for a decree of divorce under S. 13 (1) (ia) (ib) and for return of articles under S. 27 of the Act. The trial court by judgment dated 24th Oct. , 1980 dissolved the marriage by a decree of divorce on the ground of desertion by the husband under S. 13 (1) (ib) of the Act. The appellant s claim under S. 27 of the Act for the return of the articles was dismissed. The present appeal is only directed against the order dismissing her claim under S. 27 of the Act. Schedule a attached to the petition mentions the various properties presented to the appellant at the time of marriage. The respondent-husband denied the correctness of Schedule a . He denied that the properties were presented to the appellant. It was also denied that those properties were in joint possession of the parties. The respondent alleged that jewellery worth Rs. 12,000 was presented from his side to the appellant in Wari besides few necessary apparels which were alleged to be in possession of the appellant. The trial court held that the value of the articles presented has not been proved satisfactorily and therefore it was not possible to decide as to what property was jointly owned by the parties which were given at the time of marriage and what was the value thereof. It was also observed that items such as entertainment expenses Rs. 8000, expenses on engagement ceremony Rs. 3500, expenses on Thaka Rs. 5000 and expenses on Shagun Rs. 3000 cannot be said to be the articles presented to the appellant-wife, at the time of marriage. Learned counsel for the appellant submits that the trial court has not given any finding that the articles mentioned in Schedule a were not given; he claims that the respondent should be directed to return the articles and in the alternative to pay the value thereof. Learned counsel for the respondent on the other hand submits that there are no pleadings under S. 27 of the Act, that no dowry was given, that the respondent has not been in possession of any article, that the jewellery worth Rs. 12,000 presented by his side to the appellant in Wari has been in her possession, that only Rs. 1. 25 paise and some sweets were presented. He further submits that before marriage it was settled that no jewellery would be presented by the appellant s parents and on account of this settlement none was presented. S. 27 of the Act is as under

"s. 27: In any proceeding under this Act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife. "para 17 of the petition tor divorce is as under:

"that properties mentioned in Schedule a annexed herewith were presented to the petitioner at or about the time of marriage by her parents, friends and in-laws and all those properties are in possession of the respondent as the same were taken in possession jointly by the parties. The contents of the Schedule may please be taken as part of this petition also. Most of the properties like ornaments, ladies suits, garments etc. are only for the use of the petitioner and of no use to the respondent. The petitioner is also entitled to the use of other properties mentioned in the schedule. The respondent is, therefore, liable to return the same to the petitioner as he has no right to retain the same in his possession in any manner whatsoever. It is, therefore, prayed that the marriage between the petitioner and the respondent may please be dissolved by a decree of divorce and also the provision be made in the decree thereby directing the respondent to return the properties me