SASWATI ALIAS SARASWATI PARICHHA Vs. RADHAKRUSHNA PATHY

JUDGEMENT

(1.) THE plaintiff is the appellant before this Court against a reversing judgment. The suit was filed under Section 13(1) of the Hindu Marriage Act for dissolution of marriage and for a direction to the respondent to return all gold ornaments and other articles given at the time of marriage by way of presentation.

(2.) THE case of the plaintiff -appellant is that she married the respondent on 12.5.1981 at Bhubaneswar according to Hindu rites and customs. At the time of marriage her father, who was working in the Agricultural University had given gold ornaments weighing about 25 tolas besides a refrigerator, a scooter and various other articles including bed, sofa set, dining table set etc.. Sometime after the marriage, she found her husband -respondent taking insulin twice a day being a chronic diabetes patient. The respondent also after marriage stayed for a very short period at Bhubaneswar and left for Berhampur where he was posted as Assistant Surgeon leaving the appellant at Bhubaneswar with her in -laws. During such absence of the respondent, the appellant was cruelly dealt with by the in -laws. On 10.7.1981 the appellant joined the respondent at Berhampur and she found the respondent being involved with another lady -Nurse named Aloka Mohapatra and it is also alleged in the plaint that the respondent wanted the said Aloka Mohapatra to stay along with them, in the plaint it appears that several instances of misbehaviour and ill -treatment have been narrated, on the basis of which, a decree for divorce was prayed for. It is also alleged in the plaint that all the gold ornaments presented at the time of marriage were kept by the respondent with his father apart from the other articles as stated earlier. Therefore, a prayer has also been made for return of the gold ornaments as well as other articles.

(3.) ON the basis of the pleadings of the parties, the learned Subordinate Judge, Bhubaneswar framed as many as five issues. Issue No. 3 relates to cruelty and while answering the said issue, the learned Subordinate Judge found that the plaintiff -appellant after marriage was treated with cruelty both physically and mentally. On the basis of such finding, the learned Subordinate Judge allowed the prayer for a decree for dissolution of marriage. So far as return of gold ornaments and other articles are concerned, while answering issue No. 4, the learned Subordinate Judge found that 154.050 grams of gold ornaments had been presented at the time of marriage and directed to return the same. So far as refrigerator and scooter are concerned, the trial Court also directed for return of the same.