Case Note & Summary
The appellant wife, Sangeeta B. Kadam, filed a Family Court Appeal challenging the judgment and order dated 11th June 2001 passed by the Family Court at Bandra, Mumbai, in Misc. Application No.47 of 1998. The Misc. Application arose from a remand by the Supreme Court in Balkrishna Kadam v. Sangeeta Kadam (AIR 1997 SCC 3562), directing the Family Court to decide the limited issue of the wife's claim under Section 27 of the Hindu Marriage Act, 1955, for return of ornaments and other articles. The parties were married on 11th May 1969 as per Hindu Vedic Rites in Mumbai. Disputes arose soon after marriage due to the wife's strained relationship with her mother-in-law, leading to allegations of ill-treatment and abuse. The husband filed M.J. Petition No.662 of 1982 seeking divorce, and the wife claimed return of her stridhan ornaments in her written statement. The Supreme Court remanded the matter for determination of this claim. The Family Court rejected the wife's application, holding that she failed to prove the ornaments were in the husband's possession. The wife appealed. The High Court considered the legal principles regarding stridhan and held that the husband, as the head of the family, is presumed to have possession of the wife's ornaments unless proven otherwise. The court found that the wife had sufficiently proved her case through her testimony and the husband failed to rebut the presumption. The High Court allowed the appeal, set aside the Family Court's order, and directed the husband to return the ornaments or pay their value as determined by the Family Court.
Headnote
A) Family Law - Stridhan - Return of Ornaments - Section 27 of Hindu Marriage Act, 1955 - The appellant wife claimed return of ornaments and articles given at the time of marriage, which were in possession of the respondent husband. The Family Court rejected the claim. On appeal, the High Court held that the husband is liable to return the stridhan items as they belong to the wife, and the burden of proof lies on the husband to show that the items were not in his possession. The court allowed the appeal and directed the husband to return the ornaments or pay their value. (Paras 1-10) B) Family Law - Remand by Supreme Court - Limited Issue - Section 27 of Hindu Marriage Act, 1955 - The Supreme Court remanded the matter to the Family Court to decide the limited issue of return of ornaments under Section 27. The Family Court decided against the wife. The High Court, on appeal, set aside the Family Court's order and allowed the wife's claim, holding that the husband had failed to discharge his burden. (Paras 1-10)
Issue of Consideration
Whether the appellant wife is entitled to the return of ornaments and other articles claimed under Section 27 of the Hindu Marriage Act, 1955, and whether the Family Court erred in rejecting her claim.
Final Decision
Appeal allowed. The judgment and order of the Family Court dated 11th June 2001 are set aside. The respondent husband is directed to return the ornaments and articles to the appellant wife or pay their value as determined by the Family Court.
Law Points
- Section 27 of Hindu Marriage Act
- 1955
- Stridhan
- Return of ornaments
- Burden of proof on husband
- Family Court jurisdiction
