Dharmendra Kumar vs Smt. Mamta
2024 Latest Caselaw 5240 MP

Madhya Pradesh High Court

Dharmendra Kumar vs Smt. Mamta on 21 February, 2024

Author: Sheel Nagu

Bench: Sheel Nagu

                                                             1
                           IN      THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE SHEEL NAGU
                                                         &
                                          HON'BLE SHRI JUSTICE VINAY SARAF
                                             ON THE 21 st OF FEBRUARY, 2024
                                                FIRST APPEAL No. 295 of 2024

                          BETWEEN:-
                          DHARMENDRA KUMAR S/O LATE SHRI ANANDILAL
                          AHIRWAR, AGED ABOUT 43 YEARS, OCCUPATION:
                          UNEMPLOYED R/O VILLAGE SOTHIYA, TEHSIL
                          JAISINAGAR, DISTRICT SAGAR (MADHYA PRADESH)

                                                                                            .....APPELLANT
                          (BY SHRI JAFAR KHAN - ADVOCATE)

                          AND
                          SMT. MAMTA W/O DHARMENDRA AHIRWAR, AGED
                          ABOUT 40 YEARS, R/O NAI MAKRONIYA, PANI KI TANKI
                          KE PASS, TEHSIL AND DISTRICT SAGAR (MADHYA
                          PRADESH)

                                                                                        .....RESPONDENT
                          (NONE)

                                This appeal coming on for admission this day, Justice Vinay Saraf

                          passed the following:
                                                              ORDER

Appellant-husband being aggrieved by condition of payment of Rs.2,50,000/- towards Stridhan to respondent imposed in decree of divorce passed in favour of appellant, has preferred present appeal arising out of judgment and decree dated 7.11.2023 in RCS.H.M. No.188/2021 decided by 3rd Additional Judge to the Court of 1st District Judge, Sagar.

2. Heard Shri Jafar Khan, learned counsel appearing for appellant-husband on

the question of admission.

3. He submits that learned trial Court granted decree of divorce in favour of appellant u/S. 13(i-a), (i-b) of Hindu Marriage Act, however, learned trial Court accepted demand of respondent-wife for return of Stridhan. Learned counsel submits that when trial Court was of the opinion that respondent treated husband with cruelty and deserted for more than two years, without any valid reason, no relief could be granted to respondent u/S. 27 of Hindu Marriage Act. He further submits that respondent is earning Rs.5000/- per month as salary and she is Anganwadi Worker. Appellant is maintaining daughters and, therefore, respondent is not entitled for any relief u/S. 27 of Hindu Marriage Act.

4. After perusal of impugned judgment, it appears that respondent wife has stated in her statement that her father presented Rs.35,000/- in cash, gold ring, Hero Honda SS Motorcycle and other household articles to the spouse for their use and these are her Stridhan and are in possession of her husband. The said suit was considered by trial Court observing that statement was not contradicted in cross-examination and no contrary evidence was adduced by husband and, therefore, these facts were duly proved and cannot be disbelieve in absence of any rebuttal. It is further observed by learned trial Court that husband in para 8 of cross examination accepted receipt of Rs.35,000/- cash, gold ring, Hero Honda SS Motorcycle and other household articles, which were valued by trial Court to Rs.2,50,000/- and after considering statement of husband and wife, trial Court has passed order for payment of Rs.2,50,000/- towards Stridhan by husband to wife, within one month from the date of decree.

5. Learned trial Court has discussed evidence in detail in paras 34 and 38 of impugned judgment and it appears that trial Court has not committed any error,

illegality or irregularity in passing order for payment of Rs.2,50,000/- to respondent-wife. The findings recorded by trial Court in respect of Section 27 of Hindu Marriage Act are not perverse or contrary to evidence available on record. Order of return of Stridhan or payment in lieu of Stridhan has no nexus or relevancy with the fact that respondent-wife is a working women and earning Rs.5000/- per month and/or appellant-husband is maintaining both the daughters. These may be relevant facts for consideration of grant of maintenance but cannot be considered for grant of relief u/S. 27 of Hindu Marriage Act. Consequently, no case of interference is made out. Trial Court has granted decree of divorce to appellant-husband. No amount u/S. 25 of Hindu Marriage Act has been awarded to respondent-wife.

6. In view of above facts and circumstances and discussion, present appeal fails and admission is declined.

7. Consequently, appeal is dismissed. No order as to costs.

8. A copy of this order be sent to trial Court.

                               (SHEEL NAGU)                                              (VINAY SARAF)
                                   JUDGE                                                     JUDGE
                          irfan