MUHAMMED HANEEFA Vs. RAABIYA

JUDGEMENT

(1.) THE appeal and the cross objection arises from the order and decree passed by the Family Court, Thrissur in OP 789/2003.

(2.) THE appellant and the respondent were husband and wife and their marriage was on 2/11/1988. In the wedlock, they have two children. In 2003, the appellant pronounced thalaq and the parties are residing separately.

(3.) ACCORDING to the respondent, at the time of marriage, she was given 75 sovereigns of gold ornaments out of which the appellant had sold 63 sovereigns and purchased 18.775 cents of property at Ayyanthole and constructed a house. It was also her case that for the construction of the house, her brother had given Rs.3,00,000/ - and that subsequently on the demand of the appellant, her brothers gave her Rs.3,00,000/ - which was deposited in SBT, Thrissur, Round South Branch out of which the appellant had received Rs.1,00,000/ - on three different occasions. She pleaded that Rs.4,00,000/ - itself received by the appellant was also utilized by him for his benefits. On this basis, OP was filed by the respondent praying for a decree entitling her to recover an amount of Rs.2,52,200/ - towards the value of 63 sovereigns of gold calculated at Rs.4,000/ - per sovereign and Rs.4,00,000/ -.