RAJENDRA SINGH Vs. TULSA BAI

JUDGEMENT

(1.) THIS appeal, as well as First Appeal No. 363 of 1995, arise out of the same judgment and decree dated 25. 11. 1994 passed by the Additional District judge, Narsinghpur in Civil Suit No. 3-A of 1992 decreeing the suit in part for recovery of the price of the ornaments given to the plaintiff Tulsa Bai as a gift at the time of her marriage. Hence they are disposed of by this common judgment.

(2.) THE respondent Tulsa Bai filed the instant civil suit against the appellant for return of the silver and golden ornaments which were given to her at the time of her marriage with the appellant No. 1 Rajendra Singh, in alternative for recovery of the value of the ornaments amounting to Rs. 53,820/

(3.) THE case of the respondent/plaintiff was that she was married with the appellant No. 1, son of appellant No. 2, according to the Hindu customary rights in the month of April, 1988. The appellants had presented silver and golden ornaments, worth Rs. 30,200/- to the respondent at the time of her marriage. In the month of Sravana, 1910 when father of the respondent had gone to the matrimonial home of the respondent, to enquire about her welfare, she told her father that the ornaments had been taken away by the appellant No. 2, and his wife. Then her father gave another set of gold and silver ornaments and clothes for his prestige in the society. When the brother of the respondent came to the matrimonial home of the respondent to bring her back to her parents home, the appellants retained the ornaments for bringing less articles from her father in dowry. It was further alleged by the respondent that she was subjected to physical and mental torture by the appellants for bringing insufficient dowry from her father. The appellant No. 1 had married another woman by name Jayanti Bai on 10. 6. 1991 and the appellant No. 1 had refused to keep the respondent as his wife.