—- ^9 ^'^ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR FIRST APPEAL fM) N0. 4^ APPELLANT/ ^' APPLICANT ^ ^••}"" l.y<- ...^sy ^y ^•" ^A- RESPONDENT/ JON-APPLICANT Smt. Lata @ Santoshi W/o Kamta Prasad, aged aboUt 20 years, R/o Village - Masaniyakala, Tahsil & Police Station -Sakti /Distt. Janjgir- Champa (C.G.) at present address- Througti vDeepak Dubey, Purani Basti, Korba Tahsil & Distt. Korba (C.G.) VERSUS -Kamta Prasad, S/0 Shri Shanti Prasad Padey, aged about 23 years, R/o Village- Korkoma Chowki, Rajgamar, Tahsil& Distt. Korba (C.G.) FIRST APPEAL UNDER SECTION 19 OF THE FAMILY COURTSACT. 1984 ^•"° HIGH COURT OF CHHATTISGARH AT BILASPUR DB: Hon'ble Shri Justice Satish K. AanShotri and Hon'ble Shri Justice Prashant Kumar Mishra First Appeal fM.l No.93 of 2008 Appe!lant Smt. Lata @, Santoshi yersys Respondent Kamta Prasad Present: Shri Pushpendra Kumar Patel, counsel for the appellant. Shri Abhijeet Sarkar, counsel for the respondent. First Appeal under Section 19 ofthe Familv Courts Act. 1984 ORAL JUDGMENT (Delivered on 13th January, 2010) Per Prashant Kumar IVIishra. J.: Heard learned counsel for the parties finally. 2. The present appeal under Section 19 ofthe Family Courts Act, 1984 has been presented by the appellanVwife against the judgment and decree dated 28-6-2008 delivered by the Family Court, Korba in Miscellaneous Civil Suit No.l-B/2008 rejecting a part of her claim for reiwn o^ Stridhan. 3. It is not in dispute that the marriage between the appejiant Smt. Lata alias Santoshi with respondent Kamta Prasad was performed on 5-2-2007. It is also not in dispute that on the report lodged by the appellant, a criminal.case Is pending against the respondent and his 'irelatives jn the Court ofJudicial Magistrate First CIass, Korba. ^^.^^^ —2-- 4. The appellant presented an application for return of Stridhan before the Court below and prayed that the respondent should be directed to return the articles scheduled with the applicatjon, being her Stridhan. The appellant pieaded that the respondent and his family members treated her with cruelty by demanding dowry for which a criminal case is pending against them and that she has also instituted an appjication claiming majntenance from the respondent and that various articles were gifted to him by her parents/famity members at the time of her marriage which are her Stridhan and the same should be returned. 5. !n repiy to the appllcation, the respondent/husbapd denied the averments made In the application and stated that while leaving the house, the appellant/wife had taken all the articles with her and stated that she can only claim her excfusive property and cannot claim the property joint!y used by the husband and wife. 6. Both the parties examlned witnesses in support of their respectlve pleas and on appreciation of evidence, the Jearned Family Court has found that the appellant has proved her claim for return of Artictes No.5, 6, 7, 13, 14, 28, 33, 37. 46, 47, 48, 50 and 51 mentioned In the appllcation for return of Stridhan. With respect to the rest of the articles, the learned Family Court has found that the appellant has failed to prove that these articles were her Stridhan and gifted to her at the time of mamage or that the said artic!es have been retained by the respondent/husband. The learned Family Court has discussed the statements of witnesses and other documentary evidence In jts \^' Ijudgment in detail from paragraphs 12 to 26 and the said appreciation -^^^^ ^.~v^^^^ ^ of evidence is not found to be perverse upon perusal of the statements of the witnesses and the documents. The finding recorded by the Family Court with respect to the property for which the application has been rejected js absolutely in accordance with the evidence on record. The appellant herein has not been able to point out any error of approach or perversity in the findings recorded by the Family Court. 7. The appellant has faited to raise any ground for interference in this appeal, which fails and his hereby dismissed. No order as to costs. 8. A decree be drawn accordingly. Sd/- SatishK.Agnihotri Judge Sd/- Prashant Kumar Mishra Judge Gopai