ASHOK KUMAR KAD Vs. USHA RANI KAD

JUDGEMENT

(1.) The facts giving rise to this appeal succinctly are that the appellant and the respondent were married on 18th February 1979 in accordance with Hindu rites and customs and they lived together as husband and wife at the house of the appellant in Janakpuri for some time. However, they have not been living together since 16th June 1980. On 3rd October 1980 the appellant made a petition under Section 13 (I) (ia) of the Hindu Marriage Act (for short the Act) for dissolution of their marriage by a decree of divorce on the ground of cruelty. It was alleged that the respondent had been all along persuading the appellant to live separately from his parents and her attitude towards her in-laws as well as towards the friends of the appellant was most insolent and rude with the result that he was humiliated at every step.

(2.) The petition for divorce was vehemently contested by the respondent. While denying the averments made by the appellant in the petition, the respondent made a counter claim in her written statement praying for dissolution of marriage by a decree of divorce on the ground of cruelty on the part of the appellant. The allegation levelled by the respondent against the appellant was that he and his parents were not satisfied with the quantum of dowry and traditional presents given to the bridegroom the bride and her in-laws at or about the time of their marriage and even though her father made every endeavour to meet the demand of t appellant's parents for a cash amount of Rs. 10,000.00 and paid a sum of 5,000.00 to placate them but the insatiable demand of the appellant and his parents for more and more money could not be met. She had been always treated cruelty by the appellant to such an extent that she started apprehending danger to her life and it became impossible to stay in the house of the appellant in such an atmosphere. However, all the entreaties by her parents to the appellant and his parents to be considerate and kind to her failed to yield the desired result and she was eventually deserted by the appellant in the second week of June 1980.

(3.) During the course of the proceedings the respondent/wife moved an application under Section 27 of the Act for return of the presents presented to her at the time of the marriage. She alleged that all the presents given to her, both in cash and in kind at the time of marriage, were in the pos- session of the appellant and she attached a list of all those presents to the said application as annexure 'A'. The total Value of the presents detailed in the said list was to the tune of Rs. 69,000.00 and odd. This application was opposed tooth and nail by the appellant who contended that no presents were ever given to him at or about the time of marriage and the said application had been made only by way of counter-blast because he too had earlier moved a similar application for return of the presents which had been given by him and his parents to the respondent at or about the time of their marriage and the same was pending adjudication. He averred that their marriage was a Very simple affair and no presents much less the presents detailed in annexure 'A' were given to the parties at the time of their marriage and the said list was totally false.