2004 Supreme(Bom) 1299
IN THE HIGH COURT OF BOMBAY
Mhase S.B. Mohite R.S., JJ.
Sudha Suhas Nandanvankar .... Appellant.
Versus
Suhas Ramrao Nandanvankar .... Respondent.
Family Court Appeal No.100 of 2000, decided on 15-9-2004.
Advocated appeared :
S.G. Deshmukh, for appellant.
Shriram Redij, for respondent.
Headnote:Hindu Marriage Act, 1955 - Section 25 - appellant, an epilepsy patient marrying without disclosing the ailment - marriage never consummated and husband obtaining decree of annulment, accepted by appellant without any grudge - later claiming permanent alimony - although appellant would have been entitled in law for permanent alimony but in view of her conduct in suppressing the ailment from before marriage and accepting the decree of annulment without grudge, claim rejected.
2. The applicant was married with the opponent on 21-5-1995 according to Hindu Laws. The said marriage has been annulled by a decree of nullity dated 16-3-1996 on a ground that the applicant-wife was suffering from epilepsy at the time of marriage. Even though the said decree was ex parte, the said decree was not challenged by the applicant-wife. However, after passing of the said decree, the notice was issued by the applicant for return of the articles which were presented to her at the time of marriage by her parents as per the list. It is further claimed that the expenses incurred for the said marriage of Rs. 3l,876/- be returned. During the pendency of this application the applicant-wife further submitted the application (Exh. 16) for return of the articles and jewellery which was presented to her by her in laws at the time of marriage. She has further claimed permanent alimony. The Family Court has rejected the claim of Rs. 31,876/- which was incurred by the parents of the applicant-wife for the purposes of marriage expenses on the ground that there is no provision to return such amount. At the time of argument of this matter, the learned Counsel for the appellant-wife fairly conceded that there is no provision for return of such marriage expenses and therefore, unless there is a provision to that effect, the trial Court was justified in rejecting the claim for the marriage expenses to the extent of Rs. 31,876/-. The trial Court has also rejected the claim in respect of the golden articles and jewellery as listed in (Exh. 16). This appeal is mainly directed against the said finding of the trial Court. We need not go to list of those articles but what we find that all these articles, as per the claim made by the applicant-wife, have been presented to her by the in laws viz. mother-in-law, sister-in-law i.e. (sister of the husband), another sister-in-law i.e. the wife of the brother of the husband and so on. Naturally, as these articles have been presented by the in-laws, the applicant has not produced any evidence to demonstrate that these articles were purchased by her in laws at any point of time. However, she had entered into witness box and stated that these articles were presented to her. In order to support her testimony, she has produced the photographs which were taken at the time of marriage wherein these articles were reflected as having been put on her and thereby claiming that these articles were with her and they have not been returned by the husband. Since they found to be stridhan, she is entitled to return of the same. The husband has denied that such articles were ever presented to the applicant-wife. According to him these articles were not presented at any point of time and he further made a suggestion in the cross-examination that these articles were of the parents of the appellant-wife which were put on by her parents in order to have a show of the presentation of such articles and he calls it as a “mandap show”. Such suggestion has been denied by the applicant-wife. However, it is pertinent to note that if these articles were presented to her, she should have examined some witnesses who were present at the time of marriage in the presence of whom these articles were presented by her in laws. However, she has not examined her father and mother. She has not examined any friend who may be accompanied her at the time of said marriage ceremony to demonstrate that such articles were presented during the marr