The expression "belong jointly" in Section 27 of the Hindu Marriage Act does not mean "jointly owning". It includes property received individually or collectively as presents, which has come to be jointly used by the spouses in their day-to-day living.

1. This first appeal involves the problem of salvage of a broken marriage. To what extent can the matrimonial Court indulge in the rescue operation and the sphere of its activity is the point of a combat between the warning divorced spouses involving disposal of property.

2. Shrimati Surinder Kaur appellant was married to Madan Gopal Singh respondent at Chandigarh on 14-4-1973. On 5-11-1974, she was in the first matrimonial Court claiming judicial separation from her husband on the basis of cruelty meted out to her by the husband. The husband beforehand on 16-7-1974 had come to the first matrimonial Court claiming restitution of conjugal rights said to have been disrupted on 30-8-1973 by the withdrawal of the wife from his society. During the pendency of the aforesaid two matters, the wife filed an application under Section 27 of the Hindu Marriage Act (hereinafter briefly referred to as the Act) on 9-1-1975 for disposal of the property enumerated in Annexures- A and B appended therewith. This application was also kept pending with the aforesaid two matters. The husband with the permission of the Court obtained withdrawal of the petition under Section 9 of the Act in order to file a petition under S.13(1)(i-b) of the Act. Thus on 18-4-1977, he filed a petition for a decree of divorce on the ground that the wife had deserted him for a continuous period of not less than two years The three matters, namely, the husband s petition for divorce; the wife a petition for judicial separation and the wife s petition for disposal of property, were disposed of by a common judgement and order of the first matrimonial Court on 10-10-1979. The petition of the husband was allowed whereas both the petitions of the wife were dismissed.

3. None of the spouses has chosen to challenge the judgement and decree of the first matrimonial Court either in the petition under Section 10 or under Section 13 of the Act. Thus, the dissolution of the matrimonial bond between the spouses is welcome to both of them. They are at peace on that front but are at war on the matter of disposal of property. Since the petition of the wife for such purpose was dismissed, she has challenged through this appeal that order of the first matrimonial Court.

4. It is noteworthy that the first matrimonial Court, on the pleadings of the parties to which reference would be made later, framed the following issue on the subject :-

"Whether Smt. Surinder Kaur is entitled to the return of property claimed by her in her application dated 9-1-1975 under Section 27 of the Hindu Marriage Act ?"

5. The Court while disposing of this issue took the view that orders under Section 27 of the Act could only be passed with respect to property which be longed jointly to both the husband and the wife and there was no claim in the petition that the property enumerated in Annexures-A and B belonged jointly to the parties. On that premises, the evidence of the parties on the issue, though examined, was not appraised and discussed to come to any finding. It is this view of the matter which is unacceptable to the wife and she appeals.

6. Section 27 of the Act is in the following terms :-

"27. Disposal of property. - In a 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."

7. It would seem that the object of studding this Section in the fabric of the Hindu Marriage Act is intended to pass consequential orders in relation to certain properties between the parties while dealing with any proceedings under the Act, and to make provision of that nature in the decree to be passed in those proceedings. Obviously, an application for the purpose must be made before the proceedings terminate and the order can be made at the time of the passing of the decree. The sequence in which the said Section appears in the sta