Arun Kumar Goel, J.—This is an appeal against the order dated 28-6-1994 passed by District Judge, Kangra at Dharamshala in H. M. P. No. 102/N/III-1993 filed by the present appellant whereby an application under section 27 of the Hindu Marriage Act, 1955, has been rejected.

2. Brief facts of the case are that parties were married but because their marriage did not make a good start, therefore, a petition for dissolution of marriage by a decree of divorce under section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘Act’) was filed before the Distt. Judge, Kangra at Dharamshala by the present appellant. Dissolution was sought on the plea of demand of dowry by the respondent as well as her having illicit relations with one Suraj thereby causing mental cruelty to her. An application under section 27 was also filed in such proceedings for return of articles mentioned in the list attached with the application. This application was contested and resisted by the respondent-husband From the case file of the present case it appears that except Ext. P-l the list, there was nothing on record of the file to show as to how and to whom these articles belonged. At this stage it may be appropriate to refer to the provisions of section 27 of the Hindu Marriage Act, 1955 which are extracted hereinafter: "27, Disposal of property : 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 wife." A bare reading of this provision shows that in any proceedings under this Act the court may make such provision in the decree as it may deem 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 wife.

3. A perusal of the aforesaid provision also shows that the provision for any property presented at or about the time of marriage can be made in the proceedings under the Act and in the decree itself as the court deems just and further in order to invoke this provision the property may belong to both i. e. husband and wife jointly and not to an individual

4. Further, section 27 indicates that the application thereunder cannot be filed independently but in proceedings under the Hindu Marriage Act and in that case too no independent order can be passed and or needs to be passed, However, in case the Court deems it just and proper, subject to fulfilment of the other condition, it may pass the orders for disposal of the property In this context it may be appropriate to mention that the orders which are appealable under section 28 of the Act have been specified therein. For ready reference section 28 of the Act is also extracted herein below : "28. Appeals from decrees and orders : (1) All decrees made by the Court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the Court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in the exercise of its original civil jurisdiction. (2) Orders made by the Court in any proceeding under this Act, under section 25 or section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in exercise of its original civil jurisdiction. (3) There shall be no appeal under this section on the subject of costs only. (4) Every appeal under this section shall be preferred within a period of thirty days from the date of the decree or order.”

5. Reading of section 27 of the Act shows that the court can make provision for disposal of the property but in a proceeding under Hindu Marriage Act and in the decree itself and not inde