( 1 ) THIS appeal filed by the husband under Section 19 of the Family courts Act challenges the order passed by the Principal Judge, Family Court, allahabad in matrimonial petition No. 161 of 2003 rejecting the application of the appellant husband filed under Section 26 of the Hindu Marriage Act, 1955 claiming custody of the minor female child and allowing the application of the respondent wife filed under Section 27 of the said Act for refund of a sum of Rs. 96,000/- in lieu of the cash, gift and other items given in the marriage.

( 2 ) THE facts are that a petition under Section 9 of the Hindu Marriage Act, 1955 (for short the Act) was filed by the appellant husband seeking divorce. The case set up in the petition was that parties were Hindu and were married according to Hindu customs and rites on 29-4-1996. On the first night the wife disclosed about her love affairs and sexual relationship prior to marriage and after the love affair came to light her parents forced her to marry much against her wishes. It was further pleaded that since the husband belongs to a respectable family as such he accepted the facts in the name of the family honour. It was further pleaded that wife rem

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