HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 468 of 2006 (MS) Vinod Jain s/o Sri Suresh Chand Jain House No. 444 Nayaya Khand-2, indrapuram Makanpur Ghaziabad ………… Petitioner Versus 1. Additional Judge Family Court, Roorkee 2. Smt. Manisha d/o Ram Kumar Gupta House No. 485 Mohalla Purani Tehsil Roorkee District Haridwar …………… Respondents Sri M.C. Bansal, Advocate for the petitioner Sri Sharad Sharma, Advocate for the respondent no. 2. Dated: 12.6.2006 Hon. Rajesh Tandon, J. Heard the learned counsel for the parties at length. By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 27.2.2006 passed by the respondent no. 1. Briefly stated the respondent no. 2 Smt. Manisha filed a petition under section 13 and 27 of the Hindu Marriage Act, for divorce against the petitioner. The family court has decreed the suit vide order dated 7.4.2005, and dissolved the marriage of the petitioner with respondent no. 2. The petitioner was also directed to return the Stridhan (property of the bride) to the respondent no. 2. Thereafter, respondent no. 2 filed an execution case No. 8 of 2005 before Family Court Judge, Roorkee. The petitioner has filed objection. The Family court Judge has passed the order on 27.2.2006 under Order 21 Rule 29 C.P.C. directing the petitioner to deposit Rs. 42,366/- as cost of the Stridhan. Against the aforesaid order, the present writ petition has been filed. The writ petition is premature in as much as no decision has been taken regarding return of articles under section 27 of the Hindu Marriage Act. The petitioner is present in the court and he has also stated that at least articles for Rs.5,000/- are lying with him as Stridhan. Although the cost of the Stridhan yet to be decided by the executing court, however the petitioner is directed to deposit a sum of Rs.7,000/- before the executing Court. Out of this amount a sum of Rs.2,000/- be given to the respondent no. 2 as cost of the litigation. The remaining sum shall be subject to the final order passed in the execution proceedings. Subject to the aforesaid observation, writ petition is disposed of. Dated: 12.6.2006 Rajesh Tandon, J. *Dhyani