HIGH COURT OF CHHATTISGARH AT BILASPUR k Coram:- Appellant Non-apDlicant Respondents Applicant Hon'ble Shri Dhirendra Mishra & Hon'ble Shri R.N. Chandrakar. JJ F.A.(M)No.01/2010 Sikander Memon, S/o Abdul Hakim, aged about 25 years, R/o Main Road, Bhaisma, Police Chowki-Urga, Tahsil-Korba, District-Korba (CG) Versus Smt. Afsana Memom, W/o Sikander Memon, aged about 23 years, R/o Q/No. M-205, Pump House, Korba, Tahsil & District-Korba (CG) Memo of appeal under Section 19 (I l of the Familv Courts Act Present: Shri S.K. Bajpai, counsel forthe appellant. Shri Dhiraj Wankhede, counsel for the respondent. Oral Order (Passed on 6tn ofApril. 2010) Per Dhirendra Mishra. J:- Heard on I.A. No.01/2009 for condonation of delay of 24 days in filing the appeal. (2) Not opposed. (3) I.A. No.01/2009 is allowed. Delay in fiiing the appeal is condoned. (4) With the consent of leamed counsel for the parties, the appeal was finally heard. (5) The appellant/husband has preferred this appeal under Section 19 (3) of the Family Courts Act against the judgment and decree dated 24.10.2009 passed in civil suit No.SB-08, whereby the Family Court, Korba, Distt. Korba has allowed the application of the respondenVwife for return of 'Sridhan' (properties given at the time of marriage) and decreed the suit by exercising powers under Section 27 of the Hindu Marriage Act though neither in the copy of the impuflned judgment nor in the decree, Hindu Marriage Act, 1955 as such has been mentioned except in the decree wherein, ctaim for Section 27-refund of 'Siidhan'has been mentioned. '^,^ ?2- - K^ (6) Learned counsel for the respondent fairly agrees that the marriage between the parties was solemnized as per Mohammedan law and Section 27 of the Hindu Marriage Act has no application whatsoever in the present proceedings. He further submits that the impugned order may be set aside and the matter may be remitted to the Family Court for deciding the issue between the parties withc»ut reference to the Hindu Marriage Act. (7) Learned counsel for the appellant has no objectlon to the aforesaid submissjon. (8) In this view of the matter, the instant appeal is atlowed. The impugned judgment and decree is set aside and the matter is remitted to the Family Court for deciding the issue without reference to Section 27 ofthe Hindu Mamage Act. (9) Parties are directed to appear before the Family Court on 19.04.2010. Priya Sd/- Dhirendra JMishra Judge Sd/- R.N. Chandrakar Judge