1. The short question arising for determination in this appeal is whether an independent proceeding for return of Streedhan under S.27 of the Hindu Marriage Act, 1955 (henceforth 'the Act, 1955') is maintainable when no other matrimonial proceeding between the parties has ever been decided or pending.

2. As projected in the petition under S.27 of the Act, 1955 preferred by the appellant, the parties were married on 09.05.2011, however, on account of dispute between the couple, the appellant lodged an FIR for offence under S.498 - A, IPC against the husband and his relatives as also a separate proceeding under S.125, CrPC for grant of maintenance. There is no pleading that any proceeding under the Act, 1955 has ever been initiated by any of the parties.

3. The Family Court has dismissed the appellant's application as not maintainable on the reasoning that an independent proceeding under S.27 of the Act, 1955 would not lie.

4. Shri R. S. Patel, learned counsel for the appellant would submit that even if no matrimonial proceeding is decided or pending, the Family Court would still have jurisdiction to decide the question of return of Streedhan on merits and nothing prohibits the Family