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2000 Supreme(MP) 605

A.M.SAPRE
Rajkumar Patni – Appellant
Versus
Smt. Manorama Patni – Respondent


JUDGMENT

A.M. Sapre, J.

1. The decision rendered in this appeal shall also govern the disposal of another connected first appeal being F.A. No. 319/94 as both these appeals arise out of a common judgment and the decree. In fact they are in the nature of cross appeals - one filed by plaintiff and other by defendant. The present first appeal under Section 96 of C.P. Code is by the defendant (husband) against the judgment and decree dated 27.6.1990 passed in C.S. No. 7/88 by 1st Additional District Judge, Shajapur. In order to appreciate the factual scenerio of this litigation, it is necessary to state the facts in brief.

2. It is in fact an unfortunate litigation between the wife and husband. Plaintiff is the wife and husband is the defendant. Wife has sued her husband for return of her Stridhan property in specie, or in the alternatively its value which according to wife works out to Rs. 1,49,140/-. In short and in substance, the case of wife in her plaint was that she married to defendant on 27.2.1977 according to Hindu custom at Sarangpur. It was alleged that out of this wedlock two sons and one daughter were born. It was then alleged that off and on, the defendant (husband) used to













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