ISAHACK Vs. MINI

JUDGEMENT

(1.) This is a petition filed by the respondent in OP. No.66 of 2021 on the file of the Family Court, Muvattupuzha, against the order in I.A. No.6 of 2022 and I.A. No.7 of 2023 holding that the OP is maintainable.

(2.) The petitioner herein is the father in-law of the 1st respondent. The 3rd respondent is the husband of the 1st respondent and 2nd respondent is the daughter of the petitioner. The above O.P. was filed by the 1st respondent with a prayer for declaring her title over the schedule property, to set aside Settlement Deed No. 3403/2020 of Muvattupuzha SRO, for a direction to the 1st respondent (petitioner herein) to assign the schedule property in her favour and in the alternative to permit her to realise a sum of Rs.6.00 Lakhs with interest from the petitioner and 2nd respondent.

(3.) The 1st respondent filed the above O.P contending that in connection with the marriage between herself and the 3rd respondent, a sum of Rs.1,50,000.00 was entrusted with the petitioner herein as a trustee on the date of betrothal. Out of which Rs.1,00,000.00 was deposited in the name of his daughter, the 2nd respondent as well as her husband, on the promise that the petitioner would assign the A schedule property in favour of the 1st respondent. It was further alleged that 15 sovereigns of gold ornaments of the 1st respondent was taken by the petitioner and given the same to the 2nd respondent on some understanding. However, in violation of the above understanding the petitioner has executed Settlement Deed No.3403/2020 in respect of the scheduled property in favour of the 2nd respondent. It was in the above context, the 1st respondent preferred the above O.P.