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1979 Supreme(All) 74

DEOKI NANDAN
Marium – Appellant
Versus
Mohd. Shamsi Alam – Respondent


Advocates:
V.P. Misra, for Appellant; G.P. Mathur, for Respondent.

JUDGMENT :- This is a plaintiffs second appeal in a suit for declaration that the plaintiff had been divorced by the defendant and for a decree for recovery of Rs. 975.65p. as dower; Rs. 300/- as maintenance for the period of Iddat Rs. 2,800/- on account of the price of ornaments alleged to have been detained by the defendant; and maintenance for the daughter amounting to Rs. 600/- up to date of the suit and Rs. 50/- per month for the future. In the alternative, it was also pleaded that if the court found that relationship of husband and wife still existed between the parties the marriage may be dissolved by a decree of divorce. The trial court decreed the suit for recovery of Rs. 975.65p. on account of dower but dismissed the rest of the claim. The lower appellate court maintained the decree of the trial court.

2. The plaintiffs case was that she was married to the defendant on March 31, 1967 : that the dower agreed upon was Rs. 975.65p.; that she went to live with the defendant immediately after the marriage along with all her dowry and ornaments etc., and that a girl was born to her who was about one year old when the suit was filed on 17th of July, 1969; that certain differences










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