(1.) The defeated wife in O.P No.1383/2009 has now preferred this appeal against the order of Family Court, Nedumangad declining to grant a decree for return of gold ornaments and for maintenance. The Family Court found the petitioner as an earning person getting Rs.6,000/- monthly and therefore, declined to pass an order directing the respondent to pay maintenance to her and for the reason that she failed to prove entrustment of gold ornaments, money and house hold articles, declined to pass a decree for return of those in her favour.
(2.) It is an admitted factum that the respondent married the petitioner on 29.03.1999 as per Hindu religious rites and they had resided together for sometime in the house of the respondent. It is also undisputed that the petitioner was working as a Nursing Assistant in SUT Hospital, Pattom at the relevant time.
(3.) According to the petitioner, she was given at the time of her marriage 35 sovereigns of gold ornaments, 10 cents of landed property and house hold articles worth Rs.20,000/- by her parents. According to her, the entire salary obtained by her while working as Nursing Assistant at SUT, Pattom were taken by the respondent from her forcefully and by utilising the money received, 10 cents of property and a house were purchased in his name. The entire gold ornaments were taken in custody by the respondent while they were living together and some have been pledged by him for his personal use. The relationship strained on account of the ill-treatment of the petitioner by the respondent and his extra marital relationship. On 29.01.2008, there occurred an incident of brutal assault, following which the petitioner was taken to the hospital and therefrom to her parental house. Thereafter the respondent deserted the petitioner and informed her parents that he does not intend to continue the marital relationship. Thereupon she was constrained to file the Original Petition on hand seeking return of 35 sovereigns of gold ornaments and recovery of Rs.3,00,000/- obtained from her forcibly, Rs.20,000/- as the cost of household articles, Rs.1,50,000/- as arrears of maintenance and her certificates and other documents.