##PAGE1##

1

CGHC010422952025 2026:CGHC:27876-DB

NAFR

R YAU DC AH VIDsRiUiggnCiteHadl I by YyADAV

HIGH COURT OF CHHATTISGARH AT BILASPUR

FA(MAT) No. 355 of 2025

1 - Tamradhwaj Gayakwad, S/o Dhanaram Gayakwad, Aged About 33

Years, R/o Satyam Vihar Colony, Raipur Gali No. 03, P.S. D.D. Nagar,

Raipur, Tahsil and District- Raipur (C.G.)

... Appellant

versus

1 - Jyoti Gayakwad, W/o Tamradhwaj Gayakwad, Aged About 32 Years,

R/o E.W.S. 1967 - 1968 Housing Board, Industrial Area Bhilai. P.S.

Jamul Tahsil and District- Durg Chhattisgarh

... Respondent(s)

For Appellant : Mr. Pushpendra Kumar Patel, Advocate

For Respondent(s) : Mr. Adarsh Rajput, Advocate

Hon’ble Shri Justice Parth Prateem Sahu

Hon’ble Shri Justice Sachin Singh Rajput

Judgment on Board

Per Sachin Singh Rajput, J.

06.07.2026

2

1. The appellant has filed this appeal under Section 19(1) of the

Family Courts Act, 1984, read with Section 28 of the Hindu

Marriage Act, 1955, challenging the legal correctness and judicial

propriety of the impugned judgment and decree dated 19.08.2025

passed by the learned First Additional Principal Judge, Family

Court, Durg (C.G.), in Civil Suit No. 900/2023 (for short, "the

Family Court"). By the impugned judgment and decree, the

learned Family Court has partly allowed the application filed

under Section 27 of the Act, 1955 by the respondent/wife and

directed the appellant/husband to return the articles, including

ornaments, utensils, almirah, sofa set, bed, etc., given as

‘Stridhan’ to the respondent/wife. It has been further directed that,

if the appellant/husband is unable to return the said stridhan, he

shall pay an amount of Rs. 2,00,000/-.

2. The parties are hereinafter referred to as the husband and the

wife.

3. It is an admitted fact that the marriage between the parties was

solemnized on 30.06.2017 at Village Mudhpar, District Bemetara,

in accordance with the customary rites and ceremonies. Out of the

said wedlock, a daughter was born, who is presently residing with

the applicant/wife.

4. Wife filed an application under Section 27 of Act, 1955 against the

husband before the learned Family Court inter alia pleading that

after the birth of their daughter, the appellant/husband and his

3

family subjected her to cruelty by demanding dowry, making

derogatory remarks for giving birth to a female child and harassing

her on account of insufficient dowry. It is further pleaded that the

non-applicant/husband induced the applicant/wife to transfer

money towards the down payment and repayment of a car loan by

assuring her that he would bear the liability; however, the loan

installments were allegedly deducted from the applicant's account.

Aggrieved thereby, the applicant/wife lodged a complaint before

the Mahila Police Station, Sector-6, Bhilai, on 28.12.2021. She

further pleaded that the non-applicant/husband has instituted a

divorce proceeding against her, causing her financial hardship. It

is further pleaded that her Stridhan, comprising household

articles, gold and silver ornaments and cash, remains in the

possession of the non-applicant/husband. She has sought return

of the said articles or, in the alternative, payment of Rs.4,00,000/-

towards their value.

5. The non-applicant/husband, in his written statement, while

denying the allegations, submitted that the car loan was obtained

with the consent of both parties and that he has been regularly

repaying the loan since their separation. He further contends that

the complaint lodged by the applicant/wife did not substantiate her

allegations that the jewellery gifted by his family is already in the

applicant's possession and that there is no documentary proof

regarding the alleged ‘Stridhan’. It is also submitted that the

applicant/wife retains access to the household cupboard and that

4

he had discharged certain liabilities incurred for the marriage. On

these grounds dismissal of the application has been prayed for.

6. The applicant, Smt. Jyoti Gaikwad (A.W.-1), examined herself as

a witness in support of her case. Likewise, the non-appli