SAGIR Vs. YASMIN ANSARI

JUDGEMENT

(1.) THIS appeal arises out of judgment and decree dated 31-10-2002, passed by Presiding Officer, Family Court, Rewa, allowing petition filed by the respondent herein awarding Rs. 30,000/towards the articles given by her parents and relatives in her marriage, and Rs. 5,000/- towards Mehar (Dowar ).

(2.) THE respondent herein filed a civil suit against the appellants in the Court of Civil Judge, Class I, Rewa. Appellant No. 1 Sagir alias Chhedi is the husband of the respondent and appellant No. 2 Mohd. Ayub is her father-in-law. In the pleadings before the Trial Court, the respondent contended that she was married to appellant No. 1 Sagir alias Chhedi according to Muslim Law on 21st July, 1976 at Rewa. The articles as per Schedule-A annexed with the petition and wearing apparels were given by her parents and relatives at the time of the marriage. The value of the articles has been stated to be Rs. 57,065/- and value of wearing apparels has been stated to be Rs. 20,000/ -. A sum of Rs. 30,000/- was also given to the respondent in cash. For the marriage deferred Mehar of Rs. 5,000/- was settled. After the marriage the respondent lived in her matrimonial home for a period of seven months. Thereafter, the appellants started treating her with cruelty. On the report lodged by the respondent the appellants were prosecuted for an offence punishable under Section 498-A of the Indian Penal Code and the case is still pending. The respondent sought a decree for divorce and for returning the articles and wearing apparels given to her in the marriage. She also claimed Rs. 30,000/- which were given to her in cash at the time of her marriage and the amount of Mehar as described above.

(3.) THE appellants combated the claim of the respondent by submitting written statement though they have admitted that the articles as per list annexed with the plaint were given by the relatives of the respondent at the time of her marriage, but they have asserted that the respondent took these articles with her when she left her matrimonial home. They have denied that a sum of Rs. 30,000/- was given to the respondent in cash by her parents.