LAWS(P&H)-2000-8-155

HARPAL SINGH Vs. MANVINDER KAUR

Decided On August 17, 2000
HARPAL SINGH Appellant
V/S
Manvinder Kaur Respondents

JUDGEMENT

(1.) SMT . Manvinder Kaur wife of Harpal Singh filed suit for the recovery of Rs. 1,05,000/- as the value of the dowry articles given to Harpal Singh by her parents at the time of her marriage which took place on 10.10.1983. Harpal Singh, his mother Smt. Bhagwanti and father Jagan Singh were arrayed as defendants. It was alleged in the plaint that at the time of marriage, Harpal Singh and his mother imposed condition that her marriage would take place with Harpal Singh only if her parents gave dowry per their demand. Her parents gave dowry as listed in Annexure A enclosed with the plaint due to this demand of Harpal Singh and his mother Smt. Bhagwanti. If her parents had not given dowry per their demand, her marriage with Harpal Singh would not have take lace. Defendants took dowry articles to their house and they misappropriated the articles of dowry which were meant to be used by her and which was her stridhan property. After six months of her marriage, her parents gave one scooter to Harpal Singh bearing No. DLX-7301 so that defendants felt appeased and treated her with love, respect and dignity. Harpal Singh and his mother Smt. Bhagwanti did not treat her with love, respect and dignity. They treated her shabbily. Intervention of the respectables and the relatives did not have any effect on their treatment towards her. Eventually, she was turned out of the matrimonial home in March 1985 when she was in family way. At her parents' house, she gave birth to a daughter. Defendants forgot her. They did not bother about her or her daughter. Efforts were made by her parents to rehabilitate her in the matrimonial home but to no avail. She claimed interest @ 18% per annum on the value of the articles of dowry.

(2.) DEFENDANTS contested the suit, inter alia, urging that it was not a valid marriage between Harpal Singh and Manvinder Kaur. Smt. Manvinder Kaur was married in June 1981 to one Manmohan Singh son of Joginder Singh. Her marriage with Manmohan singh was subsisting when she contracted this marriage with Harpal Singh. Her marriage with Harpal Singh is void ab-initio and is no marriage in the eye of law. When her parents were confronted that when she was already married to one Manmohan Singh and her marriage with him was subsisting, how she was passed on to him in marriage, they gave no satisfactory reply. In June 1985, when she was sent to her parents for delivery, she took all the valuables and gold ornaments with her which are in her possession as mentioned in schedule R1 attached to the written statement. Petition under Section 11 of the Hindu Marriage Act was filed in the Court of Shri B.S. Bedi, Additional District Judge, Ludhiana. Her marriage was declared void ab-initio by the learned Additional District Judge, Ludhiana vide judgment dated 25.7.1989. Her appeal was dismissed by the High Court on 13.11.1990. Complaint filed under Section 498-A read with Section 120-B IPC by her father was dismissed. Similarly, complaint filed under section 406, 420, 506 read with section 120-B IPC by her father was also dismissed. No revision was filed. It was denied that they put forth this condition that this marriage would take place only if she brought dowry. No such condition was imposed. It was further urged that in some respects list Annexure A is wrong and in some respects it is exaggerated. It was denied that scooter No. DLX-7301 was given by her parents. It was rather purchased in May 1985 by the defendant from one Ashok Kumar. It was denied that she was ever ill-treated by any of the defendants.

(3.) DEFENDANTS - Harpal Singh and his mother Smt. Bhagwanti - went in appeal which was dismissed by Additional District Judge, Ludhiana vide order dated 12.8.1996. Still not satisfied, Harpal Singh has come up in further appeal to this Court.