C.K.JEEVESH Vs. BABITHA.K

JUDGEMENT

(1.) The appeal has been filed by the respondent in O.P.No.504 of 2011 of the Family Court, Vatakara. Original Petition has been filed by the wife claiming return of 38 sovereigns of gold ornaments or its equivalent value.

(2.) The petitioner contended that she got married with the respondent on 09.01.2009 and a male child was born in the wed lock. At the time of marriage, she was adorned with 35 sovereigns of gold ornaments. After one month, the respondent had taken away 30 sovereigns of gold ornaments from her, stating that the gold will be deposited with Chemmannur Jewellers, Vatakara. It is contended that the respondent has been receiving benefits from the jewellery for depositing the gold ornaments. Further case is that at the time of birth of the child, on the 28 th day ceremony, 8 sovereigns of gold ornaments were gifted by her parents to the child, which is also appropriated by the respondent.

(3.) Respondent denied the allegations. According to him, she had only 20 sovereigns of gold ornaments, out of which 14.5 sovereigns of gold ornaments was deposited in a scheme with Chemmannur Jewellers as per the instructions of her father. Remaining gold ornaments are with the petitioner and according to him father of the petitioner had pledged those. Chemmannur Jewellery had issued a receipt for Rs.1,60,000/-. The benefit of the amount received from the jewellery was given to the petitioner till December, 2010.