SHEELA P.V Vs. V.J. JOB

JUDGEMENT

(1.) The appeal on hand is originated from judgment dated 24/9/2012 in OP No.142/2007 of Family Court, Ernakulam.

(2.) The Original Petition was filed by the wife seeking for return of money and gold ornaments given to respondent by her father at the time of her marriage with him. The parties to the appeal are referred to hereinafter as the petitioner and the respondent in accordance with their status before the Family Court.

(3.) The claim made by the petitioner in the Original Petition was that cash worth '20,000/- and gold ornaments worth 15 sovereigns have been given to the respondent by her father at the time of her marriage. According to her, the marriage with the respondent was solemnized on 22/12/1998 at St.Sebastian's Church, Chalikkavattom in accordance with the Christian religious rites and ceremonies. In the marital life, a child was also born. The respondent was very rude in behaviour and non affectionate to her from the very inception of the marital life. To facilitate his needs, money and gold ornaments entrusted by her father at the time of marriage were misappropriated by him. Several instances of breaks and separations following manhandling and demands of money occurred in the meantime and at the interventions of mediators, the petitioner again started living with the respondent at the matrimonial home. At a time when she found it difficult to continue the marital relationship with the respondent, petition seeking divorce and later on, return of money and gold ornaments were filed.