JAYAN Vs. MANJU

JUDGEMENT

(1.) The original petition filed by the husband against the wife seeking return of gold ornaments and money, was dismissed by the Family Court. The husband is in appeal.

(2.) The marriage between the parties was solemnized on 25/1/2009. The marital life fell in doldrums. The petitioner-husband alleges that he had entrusted the respondent-wife a Thali chain having 5 sovereigns and a gold navaratna ring worth Rs.15,000.00. His mother had, at the time of engagement, gave one gold bangle having one sovereign of gold. His sister had given a gold bangle having one and a half sovereign, the mother had given gold Pathakkam having four grams and gold jimikki and stud having one sovereign. His mother's sister had given gold bangle having six grams. His chitta had given ring having 4 grams. The ornaments were given in lieu of love and affection towards the respondent-wife. The petitioner further claims that, immediately after the marriage he had deposited an amount of Rs.25,000.00 in the name of the respondent with the State Bank of India, Cherpu branch, followed by a further deposit of Rs.10,000.00 for availing a locker facility with the Federal Bank, Cherpu branch in the name of the respondent. The deposits were also in consideration of love and affection and was to be returned as and when required. Matrimonial relationship having broken down, he claims return of the gold and money.

(3.) The respondent filed objections denying the allegations that the petitioner's mother had given 'jimikki' and 'pathakkam' as claimed. While she admitted that the mother had given a bangle, she pleaded ignorance of its weight. She further admitted that she was given gold ornaments by the mother's sister etc. as claimed by the petitioner. With regard to the thali chain, she contended that she wore the thali on a thin chain. She further contended that gold ornaments were got returned by the petitioner and his mother.