NELLIKOT SHAJI Vs. SUBITHA

JUDGEMENT

(1.) THIS appeal is preferred by the appellant/husband, who was the respondent before the court below in O.P.No.538 of 2009. That was a claim staked by the respondent herein, the wife of the appellant. She had, inter alia, claimed that the appellant is liable to return an amount of Rs.50,000/- (Rupees Fifty thousand only), which she had obtained from her father during the currency of the matrimony and had handed over to the appellant on the specific understanding that the same shall be returned.

(2.) IN O.P.No.538 of 2009, several other claims have also been made. It is unnecessary to refer to all such claims as the decree relates to only that amount of Rs.50,000/-.

(3.) WE have been taken through the averments in Ext.A8 notice of demand dated 26.09.2006. It is specifically averred that an amount of Rs.50,000/- was demanded by the husband; the wife had prevailed upon her father to pay that amount to her; such amount was given; such amount was deposited in an account and the same was given to the husband/appellant. Return of that amount of Rs.50,000/- was demanded. This notice of demand Ext.A8 evoked Ext.A9 reply dated 09.10.2006. The crucial and relevant averments in Ext.A9 are seen in the fifth paragraph (not numbered). WE extract the relevant portion below: