AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
4 paragraphs · 200 wordsAbhay Gohil, J.—Heard.
Family Court has dismissed application of the appellant u/s 27 of the Hindu Marriage Act, 1955 on the ground that no proceedings under Hindu Marriage Act are pending between the parties. The submission of the learned Counsel for the appellant is that the respondent husband had filed petition for divorce and that petition has been decreed by the Family Court and in that petition he had not filed any such application u/s 27 of the Hindu Marriage Act.
From the perusal of the provision of Section 27, it is clear that the application u/s 27 is not maintainable independently. As per Section 27 in any pending proceeding under this Act the Court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage. The impugned order passed by Family Court appears to be justified, as u/s 27 of the Act no such independent application is maintainable. Thus, we do not find any illegality in the order passed by the Family Court. However, the appellant is free to avail the remedy available to her under the law.
Accordingly, this appeal is dismissed.