NOFH C.PARAKKEL Vs. DINESH

JUDGEMENT

(1.) The appellant in Mat. Appeal No. 860/2015 arising from O.P. No. 874/2010 of the Family Court, Thrissur is the wife and the sole respondent in the appeal is her husband. She is also the sole appellant in Mat.Appeal No.886/2015 arising from O.P.No. 1776/2010 on the file of the same court and the first respondent therein is the husband. The second respondent in the said appeal is the alleged adulterer. Both O.Ps were tried jointly and the Family Court, Thrissur by a common judgment dated 25.4.2015 decreed O.P. No.874/2010 filed by the wife only in part. Few of the reliefs claimed by her in O.P.No. 874/2010 were declined. O.P.No.1776/2010 filed by the husband for dissolution of marriage was decreed. Being aggrieved by partial dismissal of O.P.No. 874/2010 and also by the decree granted in O.P.No. 1776/2010 ordering dissolution of marriage, the wife filed these two appeals. Reference to the parties in these appeals will be according to the rank in Mat. Appeal No. 860/2015, unless the context otherwise indicates.

(2.) Marriage between the appellant and respondent was on 1.9.2002 and two girl children were born to them. The parents and children lived together in the matrimonial home till 4.5.2010. Thereafter the mother and children started living separately at her parental house, following eruption of matrimonial disputes. Appellant is a permanent U.P.S.A., employed in U.P.School, Karayamuttam owned and managed by husband's father.

(3.) Neither the marital relationship, paternity nor their date of separation is disputed by the parties either in the pleadings or evidence. The appellant's allegation is that when she was married to respondent, she was presented with 150 sovereigns of gold ornaments, cash amount of Rs. .10 lakh and a 'Maruti Zen' car bearing Registration No. KL-8/V-1474, by her parents. At the demand of the respondent, she alleges that, all these assets were entrusted with the husband, as her trustee. 100 sovereigns of gold ornaments belonging to her were kept in Locker No. 40 of Karayamuttom Service Co-operative Bank, jointly operated by them, and another 20 sovereigns of gold ornaments got as gift to children were also kept in the same Locker, by the respondent as trustee. Out of the 150 sovereigns owned by the appellant, her allegation is that, the remaining 50 sovereigns were kept in the personal custody of respondent in his own house. Two gold ornaments of 10 sovereigns each belonging to her were taken and deposited by the respondent as a security in two lending institutions, namely, K.S.F.E. and also in Karayamuttom Service Co-operative Bank, for securing loans availed by him. Her further allegation is that, Rs. 10 lakh entrusted with him was utilised for his business needs. The Maruti Zen car bearing Registration No. KL-8/V-1474 registered in her name was sold in the month of April, 2009 and a new 'Maruti Swift' car bearing Registration No. KL-8/AQ- 3835, purchased in her name, was unauthorizedly reduced into his possession. She has also a case that, when she was deserted on 4.5.2010 and taken to her parental house, she was not allowed to take 'E' Schedule clothes and personal belongings of her and also 'D' Schedule Degree Certificates and Fixed Deposit Receipts of different Banks in her name. On these allegations, she instituted O.P.No.874/2010 demanding the following reliefs against the respondent ;