SANDEEP SINGH & ORS Vs. VANDANA & ANOTHER

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 27.6.2006 passed by learned Additional District Judge, Solan in Civil Suit No. 4-NL/1 of 2001, whereby the suit has been decreed for the recovery of a sum of Rs. 5,87,915.00 together with cost and future interest @ 6% per annum against the appellants, hereinafter referred to as the defendants.

(2.) Ms. Vandana, respondent herein, was plaintiff in the trial Court. She filed the suit for recovery of compensation/damages to the tune of Rs. 5,87,915.00 against the defendants none else but her in-laws on the grounds that all articles/gifts given by her parents and relations at the time of betrothal ceremony followed by marriage including jewelery were with them in the matrimonial home at Ludhiana when after being tortured and turned out therefrom she came to the house of her parents at Nalagarh. She lodged FIR No. 218 of 1997 in Police Station, Division No. 5, Civil Lines, Ludhiana against them under Sections 498-A, 386, 506 and 120-B Penal Code. Ultimately, her marriage with appellant-defendant No. 1 was dissolved by a decree of divorce. The gifts/articles given in dowry to her allegedly remained in the matrimonial home at Ludhiana with the defendants.

(3.) The respondent/plaintiff was married to defendant No. 1 Sandeep Singh on 12.10.1994. Prior to that the ring ceremony (betrothal) had taken place on 8.5.1994. The items as per the list Ext.P1 were given to defendant No. 1 and his parents/relations defendants No. 2 to 5 on that occasion. At the time of her marriage the articles as per list Ext.P2 were given by her parents by way of gift to her. The defendants had taken the same to the matrimonial home at Ludhiana. At the time of her marriage the articles as per the detail in the list Ext.P3 were given in gift by her relatives and friends. The same contained golden jewelery also. All these articles were also taken by defendants to Ludhiana and available with them. On the occasion of Lohri festival, fallen immediately after marriage, the gifts and eatables as per the detail in the list Ext.P4 were given by the parents of the plaintiff to the defendants. Besides, the items as per the details in the list Ext.P5 such as emergency lights, Samsung TV and clothes etc. were also given by the parents of the plaintiff to her and also her minor daughter Tina. All these items in the form of Istri Dhan are stated to be valuing Rs. 4,05,739.00 as per the detail in Ext.P6.