(1.) Feeling aggrieved by the order passed in O.P.No.426 of 2000 by the learned Judge, Family Court, Kottayam at Ettumanoor the respondents in the original petition have preferred this appeal. Parties are hereinafter referred to as the petitioner and the respondents as in the original proceedings for the sake of convenience.
(2.) The 1st respondent married the petitioner on 30.04.1995 according to Christian religious rites and customs. A girl child was born to them on 07.11.1996. Petitioner is a qualified teacher and the 1st respondent is an employee in a service co-operative bank. Petitioner contended that on 22.04.1996, a couple of days before marriage, petitioner's father along with a few of his relatives and well wishers went to the respondents' house at Payyappadi and handed over Rs. 75,000/- to the respondents in lieu of the petitioner's share in the ancestral property. The 2nd respondent received the amount. Another sum of Rs. 5,000/- was also given before marriage to the respondents by the petitioner's father for buying dress as per custom. At the time of marriage,the petitioner was having gold ornaments weighting 22 sovereigns, which she wore during the ceremony. Petitioner alleged that after the marriage, the respondents compelled her to hand over gold ornaments to them for keeping in safe custody. She was allowed only to retain/wear minimum ornaments. Thus 17 sovereigns of gold ornaments were entrusted to the respondents. According to the petitioner, a total sum of Rs. 80,000/- and 17 sovereigns of gold ornaments were received by the respondents from her and they still hold the same in trust for the petitioner. Petitioner also contended that she worked in leave vacancy from 1994 till 1996 and later, she got a permanent job. Her salary during the periods of leave vacancy used to be sanctioned late and she used to get the same in the form of arrears. An amount of Rs. 800/- was received by the petitioner after marriage as arrears of salary, which was appropriated by the respondents. Petitioner was not allowed to keep any money with her. On 26.10.1996, an amount of Rs. 25,030/- fell due to her. She was carrying at that time and it was difficult for her to go all the way to Kozhikode for collecting the same. Hence, the petitioner authorised the then Headmaster to receive and hand over the amount to Shylamol Varghese, sister of the 1st respondent, who was working at that time in M.G.Boys High School, Kundara. The then Headmaster is a person hailing from Kundara. 1st respondent received the said amount from his sister Shylamol Varghese and it has not been returned to the petitioner till now. On 29.10.1996, yet another amount of Rs. 5,626/-, which was obtained as arrears from St.Peter's L.P.School, Vazhoor, was received by the petitioner, but that was also taken by the 1st respondent. The petitioner is, therefore, entitled to get an amount of Rs. 31,456/- from the respondents, who held the money in trust for the benefit of the petitioner. Hence, the petitioner claimed various amounts as shown in the petition.
(3.) The respondents filed a counter statement. According to them, they are not liable to return any money or gold ornaments to the petitioner. Whatever dress materials left in the almirah used by the petitioner during her stay in the matrimonial home could be taken by her. Actually, the petitioner will have to return a ring weighting one sovereign, a thali chain weighting two sovereigns, a thali, a bangle weighting half sovereign and also a watch. Therefore, the respondents made a counter claim against the petitioner for return of these articles.