PRASAD Vs. GREESHMA

JUDGEMENT

(1.) Appellants are the respondents in O.P.No.669/2015 on the file of Family Court, Tirur. The said Original Petition was filed by the petitioner for return of her gold ornaments. By the impugned judgment and decree, the Family Court directed the appellants to return 53 sovereigns of gold ornaments to the respondent/petitioner in O.P.

(2.) Parties shall be referred to by their rank in the Original Petition.

(3.) The marriage between the petitioner and Pradeep, who is the son of 2nd respondent and brother of 1st respondent, was solemnized on 25/4/2012. During the time of marriage, petitioner's husband Pradeep was employed abroad. On her wedding day, petitioner was adorned with 81 sovereigns of gold ornaments, including 6 sovereigns of gold ornaments gifted on the date of fixation of marriage by her husband Pradeep. After the marriage, petitioner's husband Pradeep returned to his workplace abroad. The 1st respondent is the brother of Pradeep. 2nd respondent is his mother. Respondents 1 and 2 obtained the entire gold ornaments of the petitioner under the guise of safekeeping. While residing in the matrimonial home, respondents subjected the petitioner to cruelty, demanding more gold and cash and tortured her. On 16/1/2013, petitioner's husband, Pradeep committed suicide at his workplace abroad. After the death of her husband, petitioner continued in the matrimonial home for 15 days. Thereafter, owing to the pressure from her in-laws, she had to leave the matrimonial home. In spite of repeated demands, respondents have not returned the gold ornaments weighing 81 sovereigns entrusted to them and therefore the Original Petition was filed for return of 81 sovereigns of gold ornaments or its value.