MUNEERA Vs. MARIYUMMA

JUDGEMENT

(1.) This matrimonial appeal is directed against the judgment and decree in O.A.No.178/2013 on the file of Family Court, Kozhikode by which appellant's claim for return of gold ornaments and realisation of amount from the respondents was declined.

(2.) Parties in this appeal shall be referred to by their rank in O.A.No.178/2013. R2 died during the pendency of this appeal and his legal heirs were brought on record.

(3.) Petitioner's case is that her marriage with Muhammed Asharaf who is the son of respondents 1 and 2 and the brother of respondent No.3 was solemnized on 18/10/2008; that after the marriage, she resided along with her husband in his tharawad house at Mavoor. Three children were born in the said wedlock. At the time of marriage, she was given 60 sovereigns of gold ornaments and ?3 lakhs from her house. In the evening of the wedding day itself, respondent Nos.1 and 2 took her 50 sovereigns of gold ornaments and ?3 lakhs for keeping the same in their safe custody. Since the petitioner's husband Muhammed Asharaf has no house or landed property of his own, respondents agreed to transfer 10 cents of property in his name on payment of ?1 lakh. Accordingly, petitioner gave ?1 lakh to the respondents and a karar for conveying the property in the name of petitioner's husband Muhammed Asharaf was executed on 25/11/2009 and thereafter, petitioner started construction of a house in the said property. But the respondents failed to transfer the property in the name of petitioner's husband as agreed. Respondents 1 to 3 tortured the petitioner demanding more gold and cash and accordingly on 10/1/2011 petitioner again brought ?2 lakhs from her home. On the said date, R3 took the remaining 10 sovereigns of gold ornaments and cash of ?2 lakhs from the petitioner and utilized the same for her own needs. On 28/12/2011, respondents again demanded ?2 lakhs from the petitioner. When the petitioner refused to oblige to the said demand, R3 manhandled the petitioner and the respondents ousted the petitioner and her children from the house. R1 and R2 are liable to return 50 sovereigns of gold ornaments and cash of ?3 lakhs to the petitioner. R3 is liable to return 10 sovereigns of gold ornaments and ?2 lakhs.