SHEEBA R. S. Vs. MOHAN SAM

JUDGEMENT

(1.) The original petition filed by the wife against the husband and the mother-in-law, seeking return of money and gold, was decreed in part. Challenging that part of the decree that declined relief, the wife-petitioner is in appeal.

(2.) The marriage between the wife and the husband was solemnised on 24/10/2001. According to the wife, at the time of marriage she was provided with 60 sovereigns of gold ornaments and an amount of Rs.75,000.00. The gold and money were misappropriated by the respondents. After the marriage, in the year 2004, as demanded by the respondents, a further amount of Rs.47,000.00 was given to them. The relationship fell apart and they have been living separately since the year 2010. The original petition was filed seeking return of 60 sovereigns of gold ornaments and Rs.1,22,000.00 (75,000 + 47,000).

(3.) The respondents contended that, at the time of marriage the petitioner-wife had only 25 sovereigns of gold ornaments. It was contended that, out of the said quantity, the petitioner's mother pledged 15 sovereigns and the balance quantity is with the petitioner herself. They denied the alleged entrustment of Rs.75,000.00 at the time of marriage. With regard to the payment of Rs.47,000.00, it was claimed that the said amount was a loan from the petitioner's father and the said amount was repaid after six months, with interest.