RAJEEVKUMAR Vs. REMYA MANOHARAN

JUDGEMENT

(1.) The appellants are the respondents in O.P.No.157 of 2015 on the file of the Family Court, Pathanamthitta, an original petition filed by the respondent herein-petitioner, the wife of the 1st appellant, for realisation of 13.2 sovereigns of gold ornaments or its present value from the appellants and also for compensation. On receipt of notice, the appellants entered appearance and filed objection denying the allegations contained in the original petition and disputing the claims made therein. On the side of the respondent, PWs 1 and 2 were examined and Exts.A1 and A2 were marked. On the side of the appellants, RW1 was examined. After considering the pleadings and evidence on record, the Family Court arrived at a conclusion that the respondent is entitled to get a decree for recovery of 13.2 sovereigns of gold ornaments or its value from the appellants and also Rs.2,00,000.00 from the 1st appellant as compensation. Accordingly, by the judgment and decree dtd. 2/8/2018, the Family Court allowed in part O.P.No.157 of 2015 and directed the appellants to give 13.2 sovereigns of gold ornaments or its present value to the respondent within 60 days from the date of that judgment. The 1st appellant is directed to pay a sum of Rs.2,00,000.00 to the respondent as compensation. It was ordered that the decretal amount shall have a charge on the property attached and that the respondent will be entitled to get her cost from the appellants.

(2.) Challenging the judgment and decree of the Family Court, Pathanamthitta in O.P.No.157 of 2015, the appellants are before this Court in this appeal, invoking the provisions under Sec. 19(1) of the Family Courts Act, 1984.

(3.) On 8/11/2018, when this appeal came up for admission, this Court admitted the matter on file and issued notice to the respondents by speed post. In I.A.No.1 of 2018, this Court granted an interim stay against execution of decree in O.P.No.157 of 2015 of the Family Court, Pathanamthitta, pending disposal of this appeal, subject to the condition that the appellants will satisfy the Family Court that the property under attachment with respect to which a charge has been created in the impugned judgment and decree is having sufficient valuation to satisfy the decree debt; the proof regarding the above aspect shall be furnished before the Family Court within a period of six weeks from the date of that order.