REJI V. JOSEPH Vs. NICE AMMA OOMMEN

JUDGEMENT

(1.) Both these appeals arise from the judgment of the Family Court, Mavelikkara (for short, 'the court below') in OP No. 1228/2013 dated 15/1/2014.

(2.) The parties are referred to as shown in the original petition unless otherwise stated. The petition was one for return of gold ornaments, recovery of money and for return of movable articles.

(3.) The petitioner and the first respondent are the divorced spouses now. Their marriage took place on 30/5/2009 and it was dissolved by a decree of dissolution of marriage. The second respondent is the father, the third respondent is the mother and the fourth respondent is the sister of the first respondent. It is alleged that two days prior to the marriage, i.e., on 28/5/2009, the father of the petitioner entrusted a sum of Rs. 1,50,000.00 to respondents 1 to 3 at their house as patrimony and the respondents 1 to 3 held the said amount as trustees. It is further alleged that at the time of marriage, 40 sovereigns of gold ornaments were given to the petitioner by her parents and out of the same, 33 sovereigns of gold ornaments were obtained by the respondents on the fourth day of marriage agreeing to return as and when demanded, but was never returned. It is also alleged that after the marriage, as per the usual custom, an almirah and other movable articles were given to the petitioner by her parents and those articles were kept in the house of the respondents. According to the petitioner, 33 sovereigns of gold ornaments and Rs. 1,50,000.00 cash entrusted with the respondents as trustees were misappropriated by them. The original petition has been instituted for the return of the said gold ornaments and cash, as well as the movables mentioned above.