POONAM MUKHIJA Vs. PARVESH KUMAR MUKHIJA

JUDGEMENT

(1.) Wife appellant has preferred this appeal against the judgment and decree of the trial Court passed in HMA Petition No. 56 of 1988 decided on 26.10.1990.

(2.) The only point on which the judgment of the trial Court has been assailed is that the trial Court has fallen into an error in awarding only Rs. 20,000.00 to the appellant for the property/dowry articles lying with the respondent. Counsel for the petitioner contended that in her marriage, her parents had spent rupees fifty-sixty thousand and apart from that, they gave six tolas of gold, a medium size fridge, double bed, golden ring for the husband and dressing table, chairs, table, 51 utensils, wrist watch, sarees, other clothes etc. The trial Court has casually mentioned that the appellant might have taken away the golden ornaments with her and other articles are lying with the respondent. The costs of these articles cannot be less than Rs. 1,00,000.00. The appellant is a young woman. She has to lead her whole life with this money. She accepts the decree of divorce but she prays that this amount should be enhanced and as the respondent has not paid the litigation expenses and the maintenance allowance the defence of the respondent be struck out.

(3.) None appeared for the respondent. From the trial Court's judgment, it is evident that the appellant's contention was that in her marriage Rs. 50/60,000.00 were spent and six tolas of gold, a medium size fridge, double bed, golden ring for the husband-respondent, dressing table, chairs, table, 51 utensils, wrist watch, sarees, other clothes etc. were given to the respondent. The trial Court has mentioned that the appellant might have brought her own ornaments with her but so far as the other articles, wrist watch and golden ring of the respondent are concerned, they are still with the respondent. The value of the articles cannot be assessed at Rs. 20,000.00. Considering the facts and circumstances of the case, since the appellant stands divorced by the respondent, she is entitled to get some compensatory amount for these dowry articles. In my view of a sum if Rs. 75,000.00 would be sufficient to meet the ends of justice. The respondent has not paid her maintenance and litigation expenses which comes to Rs. 13,350 by now.