SALEEMUNNISA BEGUM Vs. MOHD ZAMEERUDDIN

JUDGEMENT

(1.) The plaintiff, who is the wife, is the appellant herein who seeks to assail the judgment and decree in A.S. No.8 of 1990 dated 3.6.1991 on the file of the District Judge, Medak at Sangareddy reversing, at the instance of the respondent/ husband, the judgment and decree in O.S. No.29 of 1987 dated 5.3.1990 on the file of the Subordinate Judge at Medak allowing the claim for recovery of Jahaz articles or their value of Rs.43,731/- from the respondent.

(2.) Heard Sri Syed Sharif Ahemed, the learned Counsel for the appellant and Sri.Nowshad AH, the learned Counsel for the respondent. The appellant in the suit sought for recovery of Jahaz articles as mentioned in Annexures A and B or their value of Rs.41,731/- on the allegation that she was married to the respondent on 4.12.1971 at Medak as per the Muslim rites where the defendant agreed to pay dower of Rs.2,500/- and two Deenar Sharai. The father of the appellant presented Jahaz and gold and silver ornaments as mentioned in Annexures A and B apart from a further sum of Rs.5,000/-, which were received by the respondent. However, subsequent to the marriage, the respondent and all his family members started ill-treating and ultimately in April, 1980, she was necked out of the house by retaining all the articles as mentioned above. It was stated that in fact the respondent wanted to marry again. The appellant had filed a claim for maintenance under Section 125 Cr.PC in M.C. No.73 of 1980 on the file of the J.F.C.M. Medak and the same was ordered. However, the aforesaid articles were retained by the defendant and therefore the appellant got issued a notice on 15.6.1987 through her lawyer which was received by the respondent on 19.6.1987 and inspite of the same, the respondent did not return any articles. Hence, the suit.

(3.) Contesting the suit claim, the case of the respondent in the written statement was that there is no denial to the factum of marriage but however the allegation that the aforesaid articles and the amount was paid was denied except to the extent of payment of Rs.2,500/- and 6 1/2 tulas of gold and therefore the claim is wholly exaggerated. The allegation that there was any ill-treatment and that she was necked out from the house was also denied. In fact, the respondent got issued a notice dated 16.8.1980 wherein it was mentioned that the appellant herself taken away the Jahaz articles and therefore the entire claim is false. It was further stated that the suit as has been filed is hopelessly barred by limitation and that the appellant having deserted the respondent at Hyderabad, the Court at Medak has no jurisdiction and therefore the suit is liable to be dismissed.