PHILIPOSE P.T. Vs. SUNIL JACOB

JUDGEMENT

(1.) These appeals arise out of the judgment in O.P. No.168 of 2010 of the Family Court, Kottayam. The petitioner Sri.Sunil Jacob filed that O.P against respondents 1 to 4 i.e his wife, parents in law and brother-in-law respectively, for recovery of amounts borrowed from him by the 2nd respondent-father-in-law.

(2.) The facts could be summarised as follows: The petitioner married the 1st respondent on 15/4/1996 as per Christian religious rites and ceremonies. The 2nd respondent father-in-law was running a business by name M/s.Sinai Pharmaceuticals Pvt.Ltd at Bangalore. As he was suffering from financial crisis, he borrowed amounts from the petitioner on various occasions totaling 81,300 U.S dollars assuring that it could be returned with 18% interest as and when demanded. Rs.1.00 lakh was repaid towards interest and in June 2008, Rs.19,11,080.00 was returned to the petitioner. The balance outstanding is Rs.75,90,522.00. Even after sending lawyer notice, the amount was not repaid.

(3.) According to the petitioner, he advanced the amounts to the 2nd respondent on the insistence of his wife. Their marriage was solemnized at Kottayam and they last resided together within the jurisdiction of Family Court, Kottayam. So he filed that O.P before Family Court, Kottayam arraying his wife, parents in law and brother-in-law as respondents 1 to 4 respectively to realise the amount, as the transaction, according to him, occurred on account of his marital relationship with the 1st respondent.