In continuation from here, husband has filed an appeal which was partly allowed by Hon’ble Sessions Judge.
From Para 18,
The wife is examined as P.W.1 before the trial Court. P.W.1 categorically admitted in her later part of cross-examination that she did not produce any documentary proof to show that her parents paid an amount of Rs.3.00 Lakhs as dowry, gold ornaments weighing 15 sovereigns, gold chain weighing 7 sovereigns and a gold ring to the respondent/husband. If such is the case of the wife, how the lower Court directed the husband to return the alleged dowry amount of Rs.3.00 Lakhs to the wife within the stipulated period. The wife also failed to examine her parents, elders or her kith and kin to show that by the time of the marriage, they paid Rs.3.00 Lakhs to the husband towards dowry. Therefore, the direction given by the learned trial Court for return of dowry amount of Rs.3.00 Lakhs by the husband to the wife is not sustainable under Law and the said finding is not substantiated, since no cogent evidence found to believe presentation of dowry of Rs.3 lakhs.
Final order
The order of the lower Court with regard to return of dowry amount of Rs.3.00 Lakhs within three months from the date of its order and compensation amount of Rs.15.00 Lakhs within six months from the date of its order by the 1st respondent to the Complainant is hereby set aside.
Monthly maintenance of Rs.10,000/- is confirmed anyways, just another unclear aspect, as to why?
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