The Department had seized the petitioner’s gold ornaments and valuables at the time of search at the premises of the petitioner’s ex-husband. The said ornaments formed part of the petitioner’s Stridhan. Petitioner’s ex-husband had filed an affidavit unequivocally accepting that the said ornaments belonged to the petitioner and the Family Court, Mumbai had also, while granting decree of dissolution of marriage, provided that petitioner shall be entitled to all those ornaments lying with the Income-tax Authority at Ahmedabad. Also no proceedings were pending that could have justified with-holding of the said ornaments. Hence, the Hon’ble High Court directed the Department to handover the said ornaments to the petitioner.
[RENUKA
R. MODI - SCA7537 of 2012 - GHC]
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