JOSEPH A.U Vs. PRINCY P.J

JUDGEMENT

(1.) This appeal is filed by the respondent in O.P. No.385 of 2018 on the file of Family Court, Kalpetta, against the judgment dtd. 5/1/2022, directing him to pay a sum of Rs.3,35,564.00 with interest at the rate of 6% per annum to the petitioner.

(2.) According to the respondent, the appellant married her on 16/3/2016 as per the provisions of Special Marriage Act, 1954. It was the second marriage of the appellant and the third marriage of the respondent. Two weeks after the marriage, the respondent returned to Canada to continue her overseas employment. Thereafter she had arranged a student Visa to the appellant in Vancouver Island University. A sum of Rs.22.00 Lakhs was required for the completion of the Masters Degree of the appellant. The appellant arranged only a sum of Rs.7.00 Lakhs by availing a loan from Syndicate Bank, Mananthavady Branch and balance amount of Rs.15.00 Lakhs and flight charges of Rs.1,85,000.00 was met by the respondent. Accordingly, the appellant went to Canada in August, 2016 and they lived together there for about three weeks.

(3.) Subsequently, the appellant joined the University to complete his education. Thereafter the marital relationship between them strained. It is also alleged that the appellant appropriated her 15 sovereigns of gold ornaments. He had repaid only a sum of Rs.8.00 Lakhs. In the OP she prayed for permitting her to realise a sum of Rs.3,30,000.00 being the value of 15 sovereigns of gold and another sum of Rs.3,33,,654.00 being the amount spent for education of the appellant.