MAMTA RAGHUVANSHI Vs. HARNAM SINGH KAMOD SINGH

JUDGEMENT

(1.) THIS appeal is by the appellant -wife against impugned judgment dated 23rd December, 2004 in a Civil Suit No.21A/2004 (HMA) passed by the Third Additional (Smt. Mamta Raghuvanshi Vs. Harnam Singh) District Judge, Vidisha (M.P.) whereby decree of divorce was granted in favour of the appellant -Smt. Mamta and the respondent -husband was directed to pay the amount of Rs.400/ - per month towards maintenance to his wife but at the same time, the application preferred under Section 27 of Hindu Marriage Act, 1955 (for short "the Act") for recovery of streedhan was dismissed.

(2.) IT is relevant to place on record the fact that in this appeal, the judgment and decree passed under Section 13 of the Act was nowhere assailed but the prayer was confined only to dismissal of the application under Section 27 of the Act with enhancement of the maintenance amount as awarded by the trial court.

(3.) THE contention of the learned counsel for the appellant inter alia is that the trial court has not properly evaluated the evidence on record and therefore the reasonings made under the impugned judgment while dismissing the application under Section 27 of the Act and granting amount of maintenance as aforesaid are not sustainable in law. It is submitted that considering the present status of living in view of the sky rocketing prices, a fair and reasonable amount of maintenance ought to have been awarded to the appellant -wife but unfortunately the court has overlooked this aspect of the matter and thereby further erred to dismiss the application preferred under Section 27 of the Act. It is therefore prayed that the appeal may be allowed and the prayer made aforesaid may be accepted by setting aside that part of the impugned judgment and findings of the trial court.