A ABIDA BANU Vs. A MOHAMMED SANALLUAH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree, dated 29.09.1995, made in O.S. No. 9 of 1993 on the file of the Subordinate Judge, Ranipet, North Arcot District.

(2.) The appellant herein was the plaintiff in the suit, before the Trial Court. It is an admitted fact that the respondent herein had married the appellant, on 10.03.1991 at Rasheedpet, Mosque, Melvisharam, Arcot Taluk, North Arcot District. On the date of marriage (Nikka) a sum of Rs. 5,000/- was fixed as prompt dower, payable to the appellant. According to the appellant/plaintiff, at the time of marriage gold ornaments viz., Har, Necklace, Bangles and other items weighing 248 gms, silver ornaments weighing 170 grams, Jehez items viz., furniture, suit case, clothes and other articles, (sic) were presented to the appellant and Salami for a sum of Rs. 600/- was given to the respondent by the appellant and the details about the same were given, in schedule 'C' to 'H', appended to the plaint. It has been admitted that subsequent to the marriage, they lived separately for a few months at Poonamallee and thereafter the respondent pronounced 'Talak'.

(3.) According to the appellant, the respondent had started ill-treating the appellant on account of her inability to get dowry to the tune of Rs. 50,000/-. In the third week of August 1992, the respondent caused a mental and physical cruelty on the appellant by severely beating the appellant and also left her at Melvisharam and instructed her to return to Poonamaliee only with the dowry amount. Subsequently, the respondent pronounced 'Talak'. But he has not paid the prompt dower amount of Rs. 5,000/-and the articles described in schedule 'C' to 'H' belongs to the appellant worth about Rs. 1,38,059/-, left in his house. Based on the above pleadings, the appellant filed a suit as an indigent person directing the respondent to pay the prompt dower amount of Rs. 5,000/- and to return the articles described in schedule 'C' to 'H' or the value of the same and for consequential other reliefs.