Court: Madhya Pradesh High Court
Bench: JUSTICE N.P. Singh
Smt. Chhaya Vs. Dr. Kastoor Chand Jain & Anr. On 10 January 1996
Law Point:
Civil Procedure Code, 1908 — Sec. 96 — Appeal from original decree — Gift made to bride — Her Stridhana property — Once a gift is made and accepted by doner — Same cannot be revoked subsequently by donor — Right of a widow to recover property given to her Stridhana in marriage — Not defeated by her re-marriage — Respondents liable to return ornaments to the appellant.
JUDGEMENT
Heard Mr. S.C. Jain, Counsel for the appellant and Mr. Prakash Gupta, Counsel for the respondents.
2. This appeal is directed against the judgment and decree dated 4th of April, 1990 passed by the First Addl. District Judge, Tikamgarh in Civil Suit No. 1-B of 1988, dismissing the suit of the appellant for return of the ornaments, which were given to her by the respondents/in-laws as a gift at the time of her marriage.
3. The appellant was married with the son of the respondents according to Hindu rites in the year 1985 and the respondents has given golden and silver ornaments as a gift to the appellant to the tune of Rs. 28,925/-. The son of the respondents unfortunately died on 5.9.1985. Thereafter the appellant returned to her parents house and made request to her in-laws/respondents to return the ornaments to her, which were given to her in her marriage as a gift. On refusal of the respondents the appellant filed the instant suit for return of the ornaments.
4. The stand of the respondents was that the appellant had taken away the ornaments with her, which were given to her by the respondents at the time of marriage. Some of the ornaments which were given to the appellant by borrowing from their other relations, had been returned to them.
5. It is evident from the written statement of the respondents and the evidence of respondent No. 1 that he had made a gift of some ornaments to the appellant by borrowing some from other relatives. The evidence of the appellant and her witnesses are consistent on the point that she had not carried with her golden Mala weighing one Tola and the Har weighing four Tolas. There is also evidence on the record to show that the Mala and the Har were given to her by the respondents at the time of her marriage and the same were borrowed from other relatives.
6. It is well settled that gift made to the bride at the time of her marriage is her Stridhan a property and she is entitled to their gift made to her.
7. Mr. Prakash Gupta, learned Counsel for the respondents, has contended that the appellant has re-married with Gopal Chand Jain s/o N.K. Jain, Ashok Nagar, Distt. Guna on 7.12.1991. Therefore, she is not entitled to the ornaments given to her at the time of her marriage.
8. It is settled that once a gift is made and is accepted by the donee the same cannot be revoked or taken back subsequently by the donor.
9. It is also settled that the right of a widow to recover the property given to her as Stridhana in marriage is not defeated by her re-marriage.
10. The respondents are, therefore, liable to return the Mala and Har or the value thereof at the relevant time to the tune of Rs. 15,000/- to the appellant. In the result the suit is decreed in part and the appeal is partly allowed.
Appeal partly allowed.
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