NIRMALA GUPTA Vs. RAVENDRA KUMAR ALIAS MUNNA GUPTA

JUDGEMENT

(1.) This is an appeal under Clause 10 of Letters Patent against the judgment and decree dated 21-4-87 passed by a learned single Judge of this Court in first Appeal No.1 of 1986 arising out of judgment and decree dated 10-12-75 passed by District Judge, Rewa, in Civil Suit No.24-A of 1985.

(2.) The undisputed facts of this case are that the appellant filed the aforesaid civil suit in the Court of District Judge, Rewa, who granted a decree for divorce under Section 13 of the Hindu Marriage Act, 1995 (hereinafter referred to as the Act) on the ground of desertion. He granted permanent alimony at the rate of Rs. 150/- per month to the appellant and further granted under Section 27 of the Act an amount of Rs. 12,350/- or the articles shown in Schedule A. The husband filed an appeal before this Court only in respect of the articles or the refund of money as directed by the learned District Judge. The husband did not challenge the decree of divorce before this Court.

(3.) The appellant / plaintiff had filed an application under Section 13 of the Act for grant of divorce on the ground of desertion against the respondent. Since the decree of divorce and permanent alimony were not challenged before the learned single Judge by the respondent, it is not necessary to go into those facts which resulted in passing of decree of divorce. However, the decree passed by the learned District Judge was challenged by the respondent in respect of the articles shown in Schedule A or refund of cash amounting to Rs. 12,350/ -as the price of the articles. It was alleged by the wife that the articles shown in Schedule A were given to her at the time of marriage.