SEARIAH VARGHESE Vs. VARGHESE 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 parents 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 of 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 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.