K.V.BIJUMON Vs. USHA

JUDGEMENT

(1.) The judgment of Family Court, Alappuzha in O.P.(HMA) No.92 of 2010 is under challenge in the appeal on hand preferred by the respondent. The original petition was filed by Smt.Usha seeking recovery of gold, patrimony and maintenance. Counter claim was also raised by the respondent seeking restitution of conjugal rights and custody of minor, who is the 2nd petitioner in the Original Petition.

(2.) Judgment was rendered by the Family Court allowing the claims made by the petitioners and dismissing the counter claim of the respondent. The respondent being aggrieved thereby, preferred the appeal on hand.

(3.) Smt. Bindu Sreekumar, the learned counsel for the appellant contended that the Family Court failed to appreciate the evidence in its proper perspective and therefore, the judgment suffers from illegality, impropriety and infirmity. According to her, the evidence adduced by the 1st respondent was not considered by the court in its true spirit and it infact had gone to the extent of granting the reliefs as such, without any basis. The Family Court has allowed huge sum towards value of gold ornaments and maintenance to the 1 st petitioner beyond the financial capacity of the respondent to pay it, especially in a context wherein cogent evidence was not forthcoming from the petitioner to establish the latter's income. According to her, the respondent has paid the entire arrears of maintenance ordered in M.C.No.12 of 2010 and continues to pay the monthly maintenance and those aspects are overlooked by the Family Court, while awarding maintenance further. Raising contentions as above, the judgment is sought to be set aside. The dismissal of counter claim was not under challenge.