2018 Supreme(Jhk) 2497

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Aparesh Kumar Singh, Ratnaker Bhengra, JJ.
Santosh Kumar Singh - Appellant
Versus
Ruchi Singh @ Aarchana Singh - Respondent
First Appeal No. 206 of 2016
Decided On : 13-08-2018

Headnote:

Stridhan - Hindu Marriage - Hindu Marriage Act, 1955, Section 27 - Summary of Acts and Sections: The court discussed the provisions of Section 27 of the Hindu Marriage Act, 1955, which deals with the return of women's estate. It also referred to Section 14 of the Hindu Succession Act, 1956, which states that any property obtained by a Hindu wife before or after marriage becomes her absolute property. The court highlighted the legal position that any property gifted exclusively to the wife cannot become women's estate under Section 27 of the Hindu Marriage Act. The court also considered the evidence of gifts given by the husband and father-in-law to the wife, as well as the value of the articles, to determine the amount to be returned.

Fact of the Case:

The petitioner, a wife, sought the return of her stridhan, including gold and silver ornaments and sarees, from her husband and father-in-law. She alleged that the items were entrusted to them and later refused to be returned. The respondents denied receiving any stridhan and claimed that the petitioner had taken away her ornaments on her own will. The court examined the evidence of gifts given to the petitioner and the refusal to return the stridhan.

Finding of the Court:

The court found that the petitioner had received gifts of gold and silver ornaments and sarees from her husband and father-in-law, and that the total value of the articles came to Rs. 7,26,979/-. The court held that the respondents were under a legal obligation to return the gifted articles or their cost to the petitioner. The court also noted that the marriage between the spouses was still surviving, and the husband had denied all efforts for resumption of conjugal life.

Issues: The issues framed for adjudication were: (i) Whether the case is maintainable, (ii) Whether the father of the petitioner gave gifts which are women's estate, and (iii) Whether the petitioner is entitled to take back the women's estate under Section 27 of the Hindu Marriage Act.

Ratio Decidendi: The court relied on the evidence of gifts given to the petitioner, including gold and silver ornaments and sarees, and the legal provisions of Section 27 of the Hindu Marriage Act and Section 14 of the Hindu Succession Act to determine the entitlement of the petitioner to the return of her stridhan.

Final Decision: The court decreed the suit in favor of the petitioner, holding that the respondents were under a legal obligation to return the gifted articles or their cost of Rs. 7,26,979/-. The appeal against this decision was dismissed.