AIR 2011 CHHATTISGARH 6 ::(2011) 1 CivLJ 72 ::(2011) 4 CgLJ 226 ::(2011) 1 DMC 651 ::(2010) 4 MPHT 66

Chhattisgarh High Court

Hon'ble Judge(s): T. P. Sharma, R. L. Jhanwar , JJ

(A) Hindu Marriage Act (25 of 1955) , S.27, S.13— Family Courts Act (66 of 1984) , S.7(1), S.7 Expln.2(c)— Recovery of stridhan - Family Court dealing with divorce proceedings under Act - Not competent to decide issue relating to return of stridhan in terms of S.27 of Act - Independent suit claiming return of stridhan - Maintainable in accordance with S.7 of Family Courts Act. (Para 15 16) (B) Civil P.C. (5 of 1908) , S.11— Res judicata - Matter directly and substantially in issue - Issue of return of Stridhan decided by Court in previous divorce proceedings - Not competent - Subsequent suit claiming return of stridhan - Issue of return of stridhan before both Court cannot be said to be directly and substantially one and same as previous suit was for divorce - Subsequent suit not barred on principles of res judicata. (Para 17) .....