Section 12

Court: Madhya Pradesh High Court

Bench: JUSTICE N.K. Gupta

Mamta Bai & Anr. Vs. Manoj Kumar Rai & Anr. On 8 January 2014

Law Point:
Protection of Women from Domestic Violence Act, 2005 — Section 12 — Grant of maintenance and return of Stridhan of applicant No. 1 — Considering circumstances in which applicant left house of respondent at intervention of police and legal steps by father to take his daughter home — It cannot be presumed that applicant left house without taking her ornaments, it was not alleged by applicant that ornaments were in custody of respondent or kept in locker — ASJ rightly accepted testimony of ‘G’ in this regard and rightly found Trial Court committed error in directing return of entire Stridhan to applicant No. 1 — No interference required in criminal revision — No illegality committed by Appellate Court in deciding appeals filed before it — No relief can be given to applicants more than granted by Appellate Court — Revision relating to return of Stridhan cannot be accepted.