KARAN Vs. MAMATABAI

JUDGEMENT

(1.) -Non-Applicant/appellant has directed this appeal against the judgment and decree dated 4.11.1996 passed by 9th Addl. District Judge, Indore, in Hindu Marriage Petition No. 11/92, thereby passed a decree of dissolution of marriage on the application of the respondent and also passed decree for payment of maintenance to the respondent (wife) @ 200/- per month under Section 25 of the Hindu Marriage Act, 1955 (in short 'the Act). Learned Judge also ordered for the return of the articles presented at the time of the marriage or the price of the articles amounting to Rs. 35,000/- to the respondent-applicant under Section 27 of the Hindu Marriage Act.

(2.) Briefly stated the facts of the case are that the appellant and the respondent are the followers of the Hindu religion and they were married under the customs prevailing in their casts. After the marriage due to the cruel behaviour of the appellant respondent (wife) has filed petition under Section 13 of the Hindu Marriage Act, for passing a decree for divorce against the appellant. In the same petition, she also prayed for award of maintenance @ 800/- per month under Section 25 of the Act and also prayed for return of the articles presented at the time of the marriage of the parties and retained by the appellant under Section 27 of the Act. The list of such articles .was filed as Annexure-A alongwith the petition.

(3.) The aforesaid application, filed by the respondent was resisted by the appellant. But, in the written statement he consented for the decree of divorce, if considered proper.