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1971 Supreme(All) 149

A.K.KIRTY
Kamta Prasad – Appellant
Versus
Om Wati – Respondent


Advocates:
S.C. Asthana and Ambika Prasad, for Applicant; K.C. Saxena, for Opposite Party.

JUDGMENT :- The respondent filed a petition under Section 13 of the Hindu Marriage Act against the appellant seeking dissolution of the marriage and also a decree for return of ornaments and other articles belonging to her worth Rs.2,700/-. The suit was contested but the trial court decreed the suit for judicial separation and also for return of the ornaments etc. The husband filed an appeal, which has been dismissed by

the lower appellate court.

2. The courts below have recorded concurrent findings to the effect that the husband was a drunkard and addicted to other vicious habits. There is also a concurrent finding that the appellant used to treat the respondent with cruelty and had given her a knife blow in the abdomen and had also turned her out of his house. On these findings the suit was rightly decreed for judicial separation. That part of the decree, therefore, must be affirmed.

3. Coming now to the question of the legality of the decree for return of the ornaments etc., it may be mentioned that the courts below have recorded a clear finding that the husband did deprive the wife of the ornaments and other valuable articles. No dispute has been raised in regard to the value of t












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