MADHU Vs. SHIV CHARAN

JUDGEMENT

(1.) This is a wife's appeal against the judgment and order of the Additional District Judge, Delhi dated 23rd Jan., 1982 dismissing the petition for dissolution of marriage on the ground of cruelty under Sec. 13(1) (ia) of the Hindu Marriage Act, 1955 (to be referred to in short as "the Act").

(2.) Madhu and Shiv Charan were married on 29th July, 1979 at Delhi. At the time Madhu was 28 years old, an M.A. in Hindi and a teacher. As stated in her pleadings, Madhu's father had told Shiv Charan and his elder brother Dr. Suman Prasad that he was not in a position to give a handsome dowry. Shiv Charan's family respondent by saying that they were well off and didn't need anything and would be happy to have a virtuous girl. Despite, this, immediately after the marriage i.e. on 30th July, 1979 Shiv Charan and his mother and brother started taunting Madhu in the presence of the neighbours and relatives. They stated that they had been socially insulted on receiving such a poor dowry.

(3.) On 31st July, 1979 Madhu went with Shiv Charan and his family to see a movie. However, Dr. Suman Prasad, Shiv Charan's brother made a very nasty remark. This was to the effect that Madhu did not deserve this luxurious entertainment as she belonged to such a poor family. Madhu was deeply hurt and returned home without seeing the movie.