SCARIAH VARGHESE Vs. MARYKUTTY

JUDGEMENT

(1.) This is an appeal by the defendant. Defendant is the husband of the 1st plaintiff. The 2nd plaintiff is the minor child of the 1st plaintiff and the defendant.

(2.) Suit was one for return of the streedhanam amount paid to the defendant by the pa rents of the 1st plaintiff. According to the 1st plaintiff, on the date of betrothal, the father of the 1st plaintiff promised an amount of Rs.22,000/- and 16 sovereigns of gold ornaments as streedhanam for his daughter, the 1st plaintiff and the father agreed to pay Rs.12,000/- on the date of betrothal and the balance Rs.10,000/- within one year after the marriage. It was also agreed that the gold sovereigns will be given at the time of marriage. The marriage took place on 13-11-1977.

(3.) The further case of the 1st plaintiff is that as promised, Rs.12,000/- was given on the betrothal day by the father and the gold sovereigns were given on the date of marriage. The balance amount of Rs. 10,000/- was paid on two occasions; on 30-3-1978 an amount of Rs.5,000/- and on 10-1-1979 the balance amount of Rs.5,000/-. The husband and wife were living together for some time and the 2nd defendant was born in that wedlock. But quarrels and bickerings started and the marriage ended in an unhappy separation. Though no divorce has been obtained, the husband and wife are living separately, wife the 1st plaintiff in her parents home with the child, the 2nd plaintiff. In these circumstances, the plaintiff filed the suit for recovery of an amount of Rs.22,000/- and also the value of 16 sovereigns of gold ornaments or the return of the 16 sovereigns of gold ornaments.