SRIMATI DEVI Vs. RAVINDRA KUMAR

JUDGEMENT

(1.) This first appeal from order is directed against an order passed by the Civil Judge, Aligarh in a suit for recovery of certain ornaments and for maintenance etc. The suit was filed by the plaintiff, who is wife of the respondent, as an indigent person but the said application has been dismissed by the learned court below.

(2.) The appellant was married to the respondent in the year 1959 and it is alleged that at the time of her marriage, ornaments and other articles which are mentioned in Schedule 'C' to the plaint were given to the appellant as dowry, which she had taken along with her to the respondent's house. At the time of filing of the suit, the only articles which were with the appellant were those as are disclosed in Schedule 'C' attached to the plaint. The total cost of these articles is alleged to be Rs. 468 while the court fee payable on the claim made by her is Rs. 8, 647.50. It is, therefore, alleged that she being unable to pay the requisite court fee may be permitted to file the suit as an indigent person.

(3.) The respondent filed an objection against this application, in which it is alleged that the applicant had concealed the properties in her possession, that she had ancestral property worth Rs. 20,000 that she is M. A., B. Ed. and was earning by giving tuition at her house and she has still gold ornaments in her possession.