BASHEER KAKKENGAL Vs. C.H.SAJNA

JUDGEMENT

(1.) The respondents in O.P.No.247/2010 on the file of Family Court, Malappuram are the appellants herein, impugning the judgment and decree dtd. 28/12/2010, by which, they were directed to return the patrimony consisting of cash worth Rs.55,000.00, 42 sovereigns of gold ornaments or its equivalent value Rs.5,27,520.00 and also past maintenance amounting to Rs.1,83,800.00 to the wife and children with interest.

(2.) The facts in brief are as follows.

(3.) The appellants opposed that petition contending that only 25 sovereigns of gold ornaments and Rs.25,000.00 in cash were given to the 1st respondent as her patrimony. The gold was kept by herself, and she took it with her, when she returned to her paternal house. There was no entrustment of any gold ornaments, and the 1st appellant never received any money from the house of the 1st respondent, when he went to Gulf countries. Regarding the maintenance claim also the 1st appellant contended that he is a mental patient not able to do his driving job. He is only a commission agent in PACL Pvt.Ltd. Moreover, he has to look after his second wife and two children, and so, he is unable to pay maintenance to the respondents as claimed by them.