SANYUKTA Vs. PREM KUMAR MADAN

JUDGEMENT

(1.) THIS is a revision petition filed by Shrimati Sanyukta wife of Prem Kumar Madan against the order of the trial Judge dismissing her application under O. 33, Rule 2, Code of Civil Procedure, seeking permission to sue her husband as a pauper for the recovery of the articles of her dowry, which she had mentioned in the Schedule attached with the plaint. In the alternative, she claimed Rs. 26, 090/- as the value of those articles.

(2.) THE brief facts relevant for determining this petition are these. The parties were married in May 1966, at Karnal. Both of them lived together for about three years and then difference arose between them, with the result that according to her, she was turned out by her husband and started living with her father, who was an Advocate, at Karnal. In September, 1969, the husband filed a petition against her in Delhi for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955. It remained pending for about two years and, thereafter, it was withdrawn. In September/october 1971, he brought a petition against her for judicial separation under Section 10 of the Act, again in Delhi. It appears that the said petition was still pending, when the present pauper application was filed on 14th December, 1971, in Karnal. According to the wife, she was not in possession of any movable or immovable property and was unable to pay the court-fee and had, therefore, to file the said application.

(3.) IT was contested by the husband, whose case was that his wife was not a pauper and she was possessed of sufficient means to pay the court-fee. She had intentionally not brought all the facts before the Court. A sum of Rs. 3,480/- was deposited by him for her and it was lying in the Court of the Subordinate Judge. 1st Class, at Delhi. A cheque for Rs. 2,480/- was actually issued to her, which, according to the husband, she must have recovered and the rest of the money was still lying. She had also a Savings Fund account in Oriental Bank of Commerce at Delhi and Rs. 400/- were there to her credit. While leaving him, she had, taken away all the jewellery and costly clothes with her.