BINDHU Vs. RAJENDRAN

JUDGEMENT

(1.) The wife is the appellant in both the appeals. Mat.Appeal No.1146 of 2014 and Mat.Appeal No.1159 of 2014 arise from the common judgment in O.P.No.2 of 2013 and O.P.(HMA) No.1 of 2013 on the files of the Family Court, Chavara for recovery of her gold ornaments and cash, and for divorce.

(2.) For the sake of convenience, the parties are referred to as 'husband' and 'wife'.

(3.) The marriage between the parties was solemnised on 23/3/1992. Two children were born in their wedlock on 10/9/1994 and 8/2/2003 respectively. According to the wife, at the time of marriage she was given 35 sovereigns of gold ornaments and a sum of Rs.2.5 lakhs as patrimony. She claimed that a gold chain weighing 4 sovereigns and one ring weighing 1 sovereign was given to the husband and one bangle weighing 1 sovereign was given to the husband's mother, totaling to 6 sovereigns. She alleged that the gold ornaments and patrimony were misappropriated by the husband. She was subjected to cruelty demanding more dowry by the husband and his mother. She alleged that the patrimony of Rs.2.5 Lakhs was misappropriated by the husband for the purpose of renovating the building. She further alleged that out of 10 cents of property belonging to the wife, she was forced to convey 5 cents of property to the husband as a precondition for conjugal relationship. She contended that the husband was a drunkard, and became violent when intoxicated and demanded for more dowry. He used to bring his friends to the house and the wife was forced to serve food to them. Thereafter, the husband was sent to gulf by spending Rs.50,000.00 by the wife's father. Later the husband returned from gulf after losing his job. On 20/5/2006, the wife and the children were forcibly thrown out of the matrimonial home and the husband failed to take them back home. Thus the wife filed petitions for divorce, for return of gold ornaments and money and for past and future maintenance.