ADASTAGIR SAB Vs. NSHARIFFUNNISA AND

JUDGEMENT

(1.) Respondent 1 is the legally wedded wife of the appellant. She filed a suit for the recovery of Rs. 525/- being the amount of dower, for the maintenance amount of Rs. 540/- for three years previous to the suit; for directing the defendant to fulfil conditions of the decree in favour of the appellant (Order Section 310 of 39-40 on the file of the Munsiff, Shimoga), or in the alternative for a decree granting divorce to the plaintiff by the dissolution of the marriage between herself and the appellant. The appellant denied his liability to pay either the dower or the amount of maintenance claimed; regarding the relief of fulfilment of the conditions in Order Section 310 of 39-40, he pleaded that the conditions were too onerous to be complied with and that respondent 1 is not entitled to the dissolution of the marriage as the requirements for the grant of the relief are not existing. The trial Court decreed the suit for Rs. 250/- being the prompt portion of the dower and the rest of respondent 1's claim was dismissed. On appeal the Subordinate Judge gave a further relief by way of dissolution of marriage and directed the appellant to pay the institution fee due to the Government on the appeal memo. The defendant (appellant) has preferred the second appeal against the said decree.

(2.) The main question that is argued is about the decree granting divorce. The decree in Order Section 310/39-40 was for the restitution of conjugal rights filed by the defendant against the plaintiff on fulfilment of five conditions of which the first condition is that the defendant should deposit Rs. 250/- being the prompt portion of the dower and the fifth condition is that the defendant should give security of two respectable persons to the effect that he would properly look after the plaintiff. Admittedly neither condition has yet been fulfilled. In - 'Najiman Nissa Begum v. Serajuddin Ahmed Khan', AIR 1946 Pat 467 (A) it is laid down thus:

(3.) Regarding the direction that the appellant should pay the court-fee, due on appeal memo to Government, such order is fully within the jurisdiction of the appellate Judge, and in the peculiar circumstances of the case, I see no reason to disagree with the direction. In con firming therefore the judgment and decree of the learned Subordinate Judge, this appeal fails and is dismissed, parties bearing their own costs in this Court.