ANNAMMA VARUGHESE Vs. OMMEN KURUVILA

JUDGEMENT

(1.) The appellant is the petitioner in O.P.No.265 of 2011 of Family Court, Thiruvalla. A common judgment was passed in O.P.No.265 of 2011 and O.P.(Div) No.266 of 2011 by Family Court, Thiruvalla on 20.12.2012. O.P.No.266 of 2011 was decreed granting a decree for divorce in favour of the petitioner. O.P.No.265 of 2011 was decreed in part and aggrieved thereby the petitioner is now in appeal.

(2.) O.P.No.265 of 2011 was filed seeking recovery of patrimony and gold ornaments or its equivalent value from the respondents.

(3.) The petitioner and respondents belong to Christian religion. Respondents 1 to 3 are respectively husband, father-in-law and mother-in-law of the petitioner. The marriage between the petitioner and the 1st respondent was solemnized on 31.01.2009 at Athiyal Shalom Marthoma Church, Perumpetty, in accordance with the religious rites and ceremonies of Christian community. While the discussion about the marriage was going on, the petitioner was working as a staff nurse at Delhi and the 1st respondent, at Quatar. For want of leave for the 1st respondent, betrothal function was avoided. The parental share of the petitioner was fixed as cash of Rs.1,50,000/- and gold ornaments of 10 sovereigns. At the time of marriage, the father of the petitioner entrusted Rs.1,50,000/- to the 2nd respondent for keeping the same in trust. The petitioner was also given 10 sovereigns of gold ornaments. The petitioner and the 1st respondent started to reside together at the house of the respondents and the petitioner came to know during stay as aforesaid that the 1st respondent is a drunkard. On 13.02.2009, the 1st respondent returned to Quatar to join his work there. The petitioner was directed by him to return to Delhi for joining her employment therein and to hand over her gold ornaments to respondent Nos. 2 and 3. Thus, after handing over the entire gold ornaments belonging to her to the 3rd respondent, she left for Delhi on 18.02.2009.