R DEVAIAH Vs. R PARMEDARI

JUDGEMENT

(1.) 1. This appeal by the defendant is directed against the judgment and decree dt. 14-7-1972 made In O.S. 298 of 1969 on the file of the II Additional Judge, City Civil Court, Hyderabad, by which the suit instituted by the respondent was partly decreed. That suit was instituted by the wife-respondent In forma pauperis, claiming the return of articles mentioned in 'A' Schedule or their value of Rs. 12,000/- and for costs.

(2.) The point that arises for consideration in this appeal is whether the Court can direct the defendant to pay the court fee on the plaint in the suit instituted in forma pauperis where the suit was partly decreed.

(3.) The facts giving rise to the appeal may briefly be stated: The respondent was married to the defendant on 2-7-1967 and the marriage was consumated on 6-7-1967. Her father presented articles mentioned in the 'A' Schedule at the time of marriage of the plaintiff They were with the defendant as they were taken to the house of the defendant immediately after the marriage. The plaintiff stayed with the defendant for about 2 months. The defendant was acting under the influence of his sister-in-law. The plaintiff was a graduate. The defendant is a qualified doctor. It is stated In the plaint that the defendant was unusually intimate with his sister-in-law. The plaintiff became pregnant with the defendant and she was in her 4th month. The defendant was aware of that and thereafter he was abusing her with an ulterior motive at the instance of his sister-in-law. The defendant left the plaintiff at her parents house and thereafter he did not make any attempt to get her back and to maintain her. It is under these circumstances, the suit was filed for the return of 'A' Schedule articles.