P.S. JAMEELA Vs. MUHAMMED BASHEER

JUDGEMENT

(1.) THE respondent in O.P.No.83 of 2007 on the files of the Family Court, Thodupuzha is the appellant in Mat. Appeal No.507 of 2010. The petitioner in O.P.No.83 of 2007 is the appellant in Mat. Appeal No.580 of 2010. O.P.No.83 of 2007 was filed by the petitioner/husband for declaring his title and possession over the petition A schedule property and buildings thereon and restraining the respondent/wife from creating any documents touching the said properties, for declaring the title of the petitioner over the petition B schedule movable articles and restraining the respondent from removing them and for other reliefs. The Court below declared that the petitioner has title and ownership over the petition A schedule property and the buildings thereon and the respondent was restrained by a permanent prohibitory injunction from creating any documents relating to the said properties. The other reliefs claimed by the petitioner in that original petition were rejected by the Court below. Aggrieved by the declaration of title and ownership over the petition A schedule property and the buildings thereon and the injunction granted in favour of the petitioner in the original petition, the respondent/appellant/wife has preferred Mat. Appeal No.507 of 2010. Aggrieved by the rejection of the declaration of title and injunction prayed for in respect of petition B schedule movables, the petitioner/appellant/husband has preferred Mat.Appeal No.580 of 2010.

(2.) HEARD the learned counsel on both the sides. Since both these appeals arise out of the same judgment and also considering the parties involved in these cases, we have heard both these appeals together and they are being disposed of by a common judgment. For the sake of convenience, the husband is referred to as the appellant and the wife is referred to as the respondent in this judgment.

(3.) THE appellant was working in Saudi Arabia from January, 1997 onwards. He was earning a good income. He used to send amounts from Saudi Arabia to the respondent. He wanted to marry a girl from a poor family. So, had given an advertisement in a paper and through the intervention of a marriage bureau at Muvattupuzha, the respondent's proposal was processed which led to their marriage. At the time of marriage and even now, the respondent has been working as a Class IV employee under Thodupuzha Municipality. She was drawing only a meager amount of around Rs.2,500/- as salary at the time of marriage.