SUDAKSHNA Vs. RAJENDRA

JUDGEMENT

(1.) WIFE has come up in appeal under Section 28 of Hindu Marriage Act against the judgment/decree dated 30. 6. 1995, passed in Civil Suit No. 157/93, by learned IXth Additional District Judge, Indore. Facts lie in a narrow compass.

(2.) RESPONDENT (husband) filed a petition for divorce under Section 13 of the Hindu Marriage Act against the appellant (wife) inter alia on the allegations of cruelty. This petition was contested by the appellant (wife ). While contesting the plea of cruelty, it was alleged by her that she is entitled to get her back several items which were given to her by her parents in the marriage and which according to her constitutes her exclusive Streedhan property. In effect, therefore, while opposing the plea of divorce, she claimed a relief of return of her Streedhan property in case if the decree for divorce is passed in favour of husband (respondent ).

(3.) PARTIES led evidence in the trial. The only issue that was focussed attention and that was also framed was whether acts of wife as alleged by the husband constitutes an act of cruelty, and if so, whether husband is entitled to get a decree of divorce?