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IN THE HIGH COURT OF ALLAHABAD
Arindam Sinha, Avnish Saxena
Krishna Kumar Gupta – Appellant
Versus
Priti Gupta – Respondent
JUDGMENT :
Arindam Sinha, J.
1. Mr. Shalvin, learned advocate appears on behalf of appellant and on 15th May, 2025, with reference to earlier order dated 16th April, 2025, had handed up demand draft no.026265 dated 23rd April, 2025 issued by Central Bank of India in favour of respondent, for Rs.1 lac. He submitted, Rs. 6 lacs was earlier paid. That he is ready to proceed with hearing of the appeal. Mr. Diwakar Tiwari assisted by Mr. Gyanendra Singh, learned advocates appearing on behalf of respondent, on query had confirmed, Rs.6 lacs was earlier paid to his client by appellant.
2. The appeal stands preferred against judgment dated 31st March, 2022 directing appellant to pay Rs.10,54,364/- in lieu of returning 'stree dhan’ articles. We have ascertained, the marriage stood subsequently dissolved on judgment dated 1st May, 2023 of the Family Court. Prior to that respondent had filed application dated 13th May, 2015 and obtained order dated 11th August, 2017 directing payment of maintenance under section 125 in Code of Criminal Procedure, 1973. Appellant earlier paid Rs. 6 lacs and had handed up said demand draft for payment of another Rs. 1 lac.
3. Submission on behalf of appellant is, i
Independent applications under Section 27 of the Hindu Marriage Act cannot be entertained without an ongoing matrimonial proceeding, as established by the court's ruling.
Independent proceedings for return of Streedhan under Section 27 of the Hindu Marriage Act are not maintainable without concurrent matrimonial proceedings.
Family Courts are passing orders under Section 25 of Hindu Marriage Act while finally deciding matrimonial disputes more or less in mechanical manner without making proper inquiry - This does not ser....
The Family Court can entertain independent applications under S.151 of the CPC for return of stridhan, while S.27 of the Hindu Marriage Act, 1955 is limited to joint property claims.
The court emphasized the necessity for financial disclosure in domestic violence cases to ensure fair maintenance assessments, mandating adherence to established principles from prior apex court ruli....
Permanent alimony is determined based on the husband's financial capacity and the wife's claim of insufficient income; distinction between stree dhan and dowry must be carefully assessed.
The court emphasized that proceedings for interim maintenance under Section 24 of the Hindu Marriage Act must take precedence to ensure subsistence for dependent spouses during ongoing divorce litiga....
Permanent alimony can be awarded even if the main suit lacks a decree, as courts have jurisdiction to grant maintenance based on counterclaims in spousal disputes.
Maintenance under Section 24 of the Hindu Marriage Act continues during stayed proceedings, ensuring financial support for legal actions, thus the liability for payment is unaffected.
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