Supreme Court Partly Allows Appeal Against High Court Decree Granting Wife Property Under Section 27 of Hindu Marriage Act, 1955. Court Holds That Matrimonial Court Has Jurisdiction Under Section 27 but Decree Cannot Issue Without Evidence That Property Was Presented at or About Time of Marriage and Jointly Belonged to Spouses.

Case Note & Summary

Background: The dispute arose from matrimonial proceedings between a husband and wife, in which the wife sought judicial separation, maintenance, and relief under Section 27 of the Hindu Marriage Act, 1955 for return of jewellery and property claimed in Exhibit 'A'. The husband filed a counter-petition for divorce on the ground of cruelty. The trial court dismissed the divorce petition, granted judicial separation to the wife, and awarded maintenance; the wife's Section 27 claim was rejected on the ground that the matrimonial court had no jurisdiction to deal with property rights. The husband subsequently obtained a decree of divorce on the ground of non-resumption of cohabitation. The wife appealed against the rejection of her Section 27 claim, and the Division Bench of the Bombay High Court allowed her appeal, directing a decree in terms of Exhibit 'A'. The husband then appealed to the Supreme Court by special leave. Facts: The wife instituted proceedings in the City Civil Court at Bombay for judicial separation, maintenance, and Section 27 relief. The husband filed for divorce on cruelty. By common judgment dated 21 April 1987, the divorce petition was dismissed, judicial separation was granted to the wife, and maintenance was awarded from the date of the decree until the children attained majority; this was later modified by the single judge to maintenance from the date of presentation of the petition. Based on the decree of judicial separation and no resumption of cohabitation, the husband obtained a divorce decree on 27 February 1991. The matrimonial court rejected the wife's Section 27 claim. The Division Bench, in a common judgment dated 30 April 1992, held that the court had jurisdiction under Section 27 and granted the wife a decree in terms of Exhibit 'A'. Legal Issues: The core questions were whether the High Court erred in granting a decree under Section 27 without a proper trial and evidence that the property was covered by the section, and how the phrase 'at or about the time of marriage' should be interpreted. Arguments: The appellant-husband contended that the Division Bench could not have granted the wife's property claim in absence of evidence that the property was presented at or about the time of marriage and jointly belonged to both parties. The respondent-wife argued that her claim to jewellery and property was supported by her deposition and was not seriously disputed during cross-examination, and that she was entitled to include it in the decree to avoid a separate suit. Court's Analysis: The Supreme Court examined Section 27 and held that it vests the matrimonial court with jurisdiction to make provision in a decree for property presented at or about the time of marriage which may belong jointly to both husband and wife. The expression 'at or about the time of marriage' includes property given before or after marriage if relatable to marriage. Section 27 provides an alternate remedy to avoid a separate civil suit. However, a decree under Section 27 cannot be made unless it is established by evidence that the property is covered by the section. The trial court erred in declining jurisdiction, and the single judge erred by concurring that there was no evidence without noticing the wife's deposition. The Division Bench erred by granting a decree in terms of Exhibit 'A' without a proper trial. There had been no proper trial of the Section 27 issue. Decision: The Supreme Court set aside the judgments of all courts below relating to the wife's Section 27 claim and remitted the matter to the Family Court, Bandra, Bombay for a fresh decision after giving parties an opportunity to adduce evidence. The Family Court was directed to draw up a decree accordingly, which would be treated as part of the divorce decree already granted. No order as to costs.

Headnote

Issue of Consideration

Final Decision

Appeal succeeds to the extent that the judgments of all courts below relating to the wife's Section 27 claim are set aside and the matter is remitted to the Family Court, Bandra, Bombay for a fresh decision after giving parties opportunity to adduce evidence. The Family Court is to draw up a decree accordingly, which shall be treated as part of the divorce decree already granted. No order as to costs.

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