ORDER

1. The appellant has filed this appeal under section 28 of the Hindu Marriage Act against the judgment and decree dated 16.5.2003 passed by the III Additional District Judge, Mandsaur, in HMA Case No.36/1994, whereby the appellant has not been held entitled for payment of maintenance and permanent alimony and the suit filed under section 10 of the Hindu Marriage Act has been dismissed.

The facts of the case in short are as under:-

2. The marriage of appellant and respondent was solemnized on 21.5.1974. Out of the said wedlock, the appellant gave birth to a child namely Radhabai. Since 1997, they are living separately. According to the appellant, at the time of marriage, sufficient amount of gold, ilver and cash was given to the respondent / husband, but after two years, he kept all the gold and silver ornaments and deserted her. Since then, she is living with her brother.

3. The history of litigations between parties is as under:-

3.1. The appellant filed a suit i.e. Civil Suit No.69A/1979 on 21.4.1979 under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights. A compromise deed was filed in the said suit by the parties, in which they said to have decided to