C.R.ANEESH Vs. K.C.SREEDEVI

JUDGEMENT

(1.) THIS appeal is preferred by the appellants, who are respectively the husband and mother-in-law of the 1st respondent. The 2nd respondent is the child born to the 1st respondent in her wedlock with the 1st appellant. Respondents 3 and 4 are respectively the sister and brother-in-law of the 1st appellant.

(2.) UNDER challenge in this appeal is an ex-parte order passed by the Family Court, Thrissur, in OP No.398/2006. Under that order, which is passed relying on a claim affidavit filed by the 1st respondent as the respondents in the original petition remained ex-parte, the Family Court directed respondents 1 and 2 in the original petition (appellants 1 and 2 in the appeal) to pay a sum of Rs.9,00,000.00 being the value of 150 sovereigns of gold ornaments entrusted with the 1st appellant at the time of his marriage with the 1st respondent. There is a further order that the 1st appellant shall pay maintenance to the 1st and 2nd respondents at the respective rates of Rs.1,000.00 per mensem and Rs.500.00 per mensem from November 2005 till November 2008, and thereafter, at the respective rates of Rs.1,500.00 per mensem and Rs.750.00 per mensem. The memorandum of cross objection is filed by respondents 1 and 2 urging that the Family Court ought to have awarded to them the current market value of 150 sovereigns of gold ornaments and that maintenance should have been awarded to them @ Rs.8,000.00 and Rs.5,000.00 respectively to respondents 1 and 2.

(3.) IT was submitted by Smt.Seemanthini, the learned counsel for the 1st and 2nd respondents, that after giving credit to the payments received by respondents 1 and 2 based on the interim orders passed by this Court, as on today, a sum of Rs.90,500.00 is due to respondents 1 and 2 towards the decree presently passed for maintenance. Smt.Seemanthini also submitted that the decision of the Family Court to direct payment of only the value of the gold ornaments at the time of entrustment, is contrary to binding precedent and the direction should have been to pay the present market value of the gold ornaments.