DEEPAK Vs. RAJNI

JUDGEMENT

(1.) The petitioner is the husband of the respondent. He has filed the present revision petition impugning the order dtd. 2/8/2018 of the Learned Addl. Civil Judge (Sr.Divn.) Samalaka, whereby, his objections to the execution application filed by the respondent have been dismissed.

(2.) The respondent filed a civil suit No.504 of 2010 in the Court of Addl. Civil Judge (Senior Division) Panipat against the present petitioner for recovery of Rs.14.00 lacs along with interest. The father, mother, brother and the brother's wife of the petitioner were the other defendants in the suit. It was pleaded that the marriage of the petitioner with the respondent was solemnized on 1/3/2008. As per custom the expenses of marriage and dowry articles and Istridhan was fixed at Rs.8,00,000.00 which were given to the petitioner at the time of marriage. An amount of Rs.3,74,000.00 was spent on Godh ceremony. A further amount of Rs.4,77,100.00 was spent on the marriage. The suit was contested by the petitioner and other defendants. A specific issue regarding the maintainability of the suit was framed which was decided against the defendants. The suit was decreed vide judgment and decree dtd. 29/11/2012. The petitioner was held liable for refund of the amount of articles of Istridhan and of the articles entrusted to the petitioner amounting to Rs.5,21,100.00 with 6% interest per annum. No recovery was directed against the other defendants.

(3.) The petitioner appealed against the judgment. He filed an application for exemption from paying court fee being indigent person. The application was dismissed by the Ld. ADJ. Panipat. The petitioner filed C.R. No.5751 of 2015 which was dismissed on 8/9/2016.