LAWS(KER)-2010-5-21

AGNES ALIAS KUNJUMOL Vs. REGEENA THOMAS

Decided On May 18, 2010
AGNES ALIAS KUNJUMOL Appellant
V/S
REGEENA THOMAS Respondents

JUDGEMENT

(1.) In a legal battle between the daughter-in-law and the mother-in-law, the mother-in-law succeeded. The suit filed by the daughter-in-law was dismissed, which was confirmed by the lower Appellate Court.

(2.) The first Plaintiff had married Sebastian, the youngest son of the Defendant on 06.09.1998. Two children were born in the wed-lock. It is claimed by the first Appellant that at the time of marriage, a sum of Rs. 1,00,000/- was given by her family to the family of her husband. It is also stated in the plaint that her late father- in-law was the owner of 'Prakash Gold Covering shop' situated near the Girls' High School, Ernakulam.

(3.) The Defendant is a retired Teacher. Apart from the first Plaintiff's husband, the Defendant has two other sons and daughters. Her eldest son is running a gold covering business near Mathrubhoomi, Kaloor. It is claimed by the first Plaintiff that her husband was having 75% share in the gold covering business and that all the properties standing in the name of the Defendant were acquired by her husband in her name, utilising his funds. The first Plaintiff's husband namely, Sebastian became mentally sick and the sickness aggravated to such a stage that he caused the death of one of their children. He was prosecuted for the offence under Section 302 I.P.C., but was given the benefit of Section 84 I.P.C. He is now undergoing treatment in a mental hospital.