22/11/2017
_*⭐SC:Claiming Stridhan 2 yrs after decree of judicial separation by Appellant wife, held, maintainable - Ss. 12, 28, 32, 2(a), (f）& (g) and 3 - Recovery of stridhan under S. 12, DV Act 2005.*_
_Firstly, judicial separation does not change the status of wife as an “aggrieved person” under S. 2（a） r/w S. 12 and does not end the “domestic relationship” under S.2(f）- Judicial separation is mere suspension of husband-wife relationship and not a complete severance of relationship as happen in divorce - And as long as status of aggrieved person remains, and stridhan remain in custody of husband, wife can always put forth her claim to stridhan under S. 12 - Secondly, regard being had to concept of “continuing offence” and demands made by wife, application made by appellant wife under S. 12, 2005 Act after about 2 years of judicial separation not barred by limitation - Further, appelleant wife was compelled to file application under S. 12, 2005 Act demanding return of her stridhan in the year 2010 because respondent husband stopped giving her maintenance from January 2010 - High Court order dismissing appeal on ground of limitation, thus set aside - matter remanded to magistrate for adjudication of S. 12 application on merits - CrPC, 1973, Ss. 472 and 468 - Protection of Women from DV Rules, 2006 R. 15(6）（Paras 15 to 33)._
_Case:_
_*Krishna Bhattacharjee Vs. Sarathi Choudhury*_
_Citation:_
_*(2016)2 SCC 705: （2016） 1 SCC（Cri）810.*_
_Bench Strength *- 2*_
_Coram: *Dipak Misra and Prafulla C. Pant, JJ.*_
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