application u/s 27 HMA 1955

ksvrajuadv (Querist) 23 December 2010 This query is : Resolved
Hi Experts,
In my one of cases,I appeared for respondent(wife) of RCR u/s 9 HMA 1955.can wife claim dowry articles like car & golden jewelary by filing application u/s 27 of HMA.has JMIC(senior Division) power to entertain this application? Car was given on Shagun before one day of marriage.
Thanks in Advance

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Raj Kumar Makkad (Expert) 23 December 2010
JMIC while trying RCR under section 9 has got no power to entertain any application moved under section 27 of HMA.

ashish lal (Expert) 23 December 2010
"27. Disposal of property.- In any 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, which may belong jointly to both the husband and the wife"

Judge has the power to entertain.

Devajyoti Barman (Expert) 23 December 2010
Yes she can very much claim her stridhan articles lying in the custody of her in laws.

s.subramanian (Expert) 24 December 2010
I agree with the above view of the experts M/s Asish and Barman.

G. ARAVINTHAN (Expert) 24 December 2010
It is the discretionary power of the judge

Arun Kumar Bhagat (Expert) 01 January 2011
she can very much claim her stridhan articles lying in the custody of her in laws

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