DHARAMBIR Vs. BIMLESH KUMARI

JUDGEMENT

(1.) This appeal by the husband is directed against the consolidated order dated 6-1-1982 passed on applications under Sections 25 and 27 of the Hindu Marriage Act.

(2.) The marriage between the parties was dissolved by a decree of divorce passed on 2-11-1978 in case No. 203 of 1978. Thereafter the respondent filed an application under Section 25 of the Hindu Marriage Act (hereinafter called the Act) for permanent alimony and maintenance. It was alleged in the application that the respondent did not have any independent source of income while the appellant was working in Punjab National Bank and was earning about Rs. 400.00 per month. Besides his income he was living with his parents in their house. It was stated that the respondent had not remarried and had not been guilty of any misconduct which dis-entitled her to receive maintenance from the appellant. It was also alleged that the items of dowry given in the marriage were not returned - to the respondent. The petition was contested by the appellant. In the wtitten statement it was pleaded that the respondent had dis-entitled herself from claiming any maintenance on the ground that she had illicit connections with one Wazir Kumar who was her neighbour prior to the marriage and after the marriage she was living openly in the house of Shri Hem Raj. It was further pleaded that she had been working with various firms and had independent income of her. In the replication it was pleaded by the respondent that the allegations regarding her having illicit connection with Wazir Kumar or her living with Hem Raj were concocted and false. She denied that she knew any Wazir Kumar and regarding Hem Raj she pleaded that he was a neighbour and was like her elder brother. She also stated that Hem Raj was anelderly person with two grown up children and was living alongwith his mother and Bhabi and as such the question of her having illicit relations did not arise. She also denied that she ever worked in any firm and reiterated her allegations that she had no independent source of income.

(3.) During the pendency of the petition under Section 25 the respondent filed another application under Section 27 of the Hindu Marriage Act for return of dowry articles. She annexed a detailed list with that application which gave the details of articles presented to her in dowry with their value. The total value according to the list came to more than Rs. 30,000.00 . In reply to that application the appellant raised various preliminary objections including the one that such a petition was not maintainable after the decree had been passed. On merits the list submitted by the respondent was disputed and it was stated that only few items which are mentioned in the reply were presented at the time of marriage. The value of those items according to the appellant, was Rs. 4,000.00 and odd.