HAMIDA BEGUM Vs. MOHD. SHAMIN

JUDGEMENT

(1.) This is a plaintiff's appeal against the judgment and decree dated 6-3-1980, passed by let Addl. District judge, Sagar, in Civil Suit No. 8-B of 1978, whereby her claim, except for Mahr, was dismissed.

(2.) The plaintiff's case is that she married to the defendant on 30-5-1973 at Katra Bazar, Sagar, on an agreement between the parties to pay Mahr Rs. 2501.00. At the time of marriage, her parents gave ornaments, utensils and other articles of domestic use valued at Rs. 5395.00. The parties lived happily upto Feb., 1975. However, in March 1975, during her pregnancy, she was turned out of the matrimonial home by the defendant. She, therefore, went to her parents at Sagar and is living with them even today. Her parents had incurred an expenditure of Rs. 1699.00 towards her delivery. She filed a suit claiming Mahr Rs. 2501.00. expenses for delivery Rs. 1699.00, Rs. 3850.00 as value of ornaments and Rs. 5395.00 towards the value of other presents given to her in her marriage; total Rs. 13,445.00. She further stated that she had sent a registered notice dated 22-2-1977 demanding the aforesaid amount but the defendant neither paid any amount nor sent any reply thereto.

(3.) The defendant denied the entire claim. He submitted that in lieu of Mahr he had presented a gold chain and a ring to the plaintiff before honeymoon. He also submitted that amongst Mahomedans there is no custom of giving dowry. Expenses said to have been incurred in delivery of any child after March 1975 were also denied. He also denied the value of the ornaments and the articles as claimed in the suit.