FOUSIYA Vs. SHAMSUDHEEN POKKADAN

JUDGEMENT

(1.) The 1st petitioner in OP No.272 of 2011 on the file of Family Court, Malappuram filed this appeal against the judgment and decree dtd. 5/4/2013, by which her claim for patrimony was rejected and past maintenance was awarded at a lower rate.

(2.) The appellant is the wife and respondent is the husband. Their marriage was solemnised on 28/8/2006, and a girl child was born in their lawful wedlock. Her case is that, at the time of marriage, 50 sovereigns of gold ornaments and Rs.1,50,000.00 in cash were given to her from her family as her patrimony. Her entire gold ornaments and cash were misappropriated by the respondent for modification of his business in Karnataka. Her matrimonial life was miserable and he even deserted the appellant and her child. So, the appellant along with her minor child filed the OP for getting back the patrimony, and past maintenance @ Rs.5,000.00 for the appellant and Rs.2,000.00 for the child.

(3.) The respondent/husband opposed that petition and according to him, no gold ornaments and money were entrusted with him by the appellant or her family members, and so, he is not liable to honour her claim.