ANEESHA Vs. NAVAS

JUDGEMENT

(1.) This judgment shall dispose of three petitions, Mat.Appeal No.18/2021 titled as Aneesha v. Navas. preferred against the judgment and decree dtd. 22/01/2020 in O.P(Others)No.594/2015 on the file of the Family Court, Alappuzha whereby the claim of the appellant/wife for return of the gold ornament has been disallowed and a counter claim of the husband for return of 16 sovereigns has been allowed; Mat.Appeal No.170/2021 preferred against the judgment and decree dtd. 20/08/2018 rendered in O.P.No.209/2015 of the Family Court, Alappuzha preferred by the wife for setting aside the talak dtd. 09/01/2015 as it did not suffice the requirement of the Muslim Law and as well as the condition/guidelines given by the Division Bench of this Court in Asbi vs. Hashim M.U, 2021(6) KLT 292 and Mat.Appeal No.962/2018 preferred by the wife against the aforesaid judgment and decree dtd. 20/08/2018 dismissing the claim with regard to the restitution of conjugal rights.

(2.) It is most unfortunate that after performance of the talaq and arriving at some settlement, parties again have been litigating in the court. The aforementioned observations are based upon events which have occurred prior to filing of the present cases.

(3.) The preface of the matter in past was that the marriage between Navas and Aneesha was performed on 28/05/2006. Out of the wedlock, two children were born. At the time of the marriage, husband had given certain mehar and the parents of the wife stated to have given 45 sovereigns of gold, two bangles and cash amount of ?3,50,000/-. Matrimonial discord and disputes between the parties resulted into registration of case under Sec. 498A IPC. Wife preferred O.P.No.150/2013 for claiming the return of the gold ornaments. In the aforementioned pending O.P., a compromise was arrived at between the parties resulting into submission of M.C.No.96/2013. As per the terms and conditions of the compromise, wife had to withdraw the claim with regard to return of the gold ornaments in O.P.No.150/2013 and the issue with regard to the maintenance and custody of the children was also settled including the settlement with regard to the four criminal cases. Husband had agreed to give maintenance of ?5,000/- to the wife. Thereafter the wife sent a legal notice to the husband for restitution of conjugal rights. On receipt of the notice, husband pronounced talaq to the wife three times.