RAM SINGH Vs. TEKWATI BAI

JUDGEMENT

(1.) THIS appeal by the defendant/husband is directed against the judgment and decree dated 24. 9. 1993 in Civil Suit No. 32-A/86 (4/89), by Addl. District Judge, Narsinghpur, whereby the suit of the plaintiff / respondent No. 1 was decreed and the defendant/husband has been directed to pay her monthly maintenance @ Rs. 300/ -.

(2.) THE plaintiff/respondent No. 1 is the wife of defendant/ appellant. They are undisputably married according to caste custom on Miti Falgun Badi 1 Samwat 2034 at village Chhidamani, Tahsil Gotegaon, District Narsinghpur. A daughter was begotten from the said wedlock. The daughter however expired at a young age at Chhidamani.

(3.) THE plaintiff/respondent No. 1 averred that her husband-the appellant started maltreating her after the birth of the daughter. She was sent back to her parents place while her young daughter was seriously ill. Their daughter died on the next day after the plaintiff/respondent No. 1 reached Chhidamani. Though the plaintiff-wife thereafter continued to go to her matrimonial home, yet (sic.) maltreatment by her husband continued. Ultimately she was sent back on 'makarsankranti' of 1981 along with her brother. The appellant-husband thereafter did not take care of her and did not bring her back to her matrimonial home despite efforts made by the plaintiff/ respondent No. 1 and her parents. It was also alleged that the appellant/husband had remarried on 22. 6. 1985, one Kusum Bai - the daughter of Babulal Patel. The plaintiff/ wife served a notice to the defendant/ appellant for payment of maintenance as also for the return of the 'stridhan' -ornaments given to her in marriage. The defendant/appellant did not comply with the notice and continued to neglect his wife. Hence, a suit was filed by her claiming maintenance as also return of ornaments constituting her 'stridhan'.