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1928 Supreme(Nagpur) 3

HALLIFAX
KSHAMADHAR PRASAD – Appellant
Versus
SARASWATI – Respondent


JUDGMENT

Hallifax, A J C—The plaintiff Kshamadhar Prasad Gujar married, defendant 1, Saraswati, by pat on 21st February 1916 and she lived with him at Chaura Hat for six years. On a day between the middle of February and the middle of March 1922 she set off from Chaura Hat, with her husband's consent, on a visit to, her mother at Sankla, as she had probably often done before, being escorted by her brother Dhanraj and Imrat Lal who is apparently some sort of a cousin. As is usual on such occasions, she took with her all the ornaments given to her at the wedding by the plaintiff, which were worth Rs. 823-8-0, Two months later, on a date between the 13th April and 11th May she was married to Parmeshwar Das Gujar of Sankla, and they both now live with her mother Radha Bai. The plaintiff thereafter demanded the return of the ornaments his wife had taken with her, and the demand was refused. Accordingly, on 9th March 1925, he filed the present suit for the payment of Rs. 823-80 against Saraswati and her mother (who died during the trial) and Parmeshwardas and also Dhanraj and Imratlal.

2. One of the many absurd results of the usual vague examination of questions of law that do not arise an








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