SHANAVAS MUHAMMED Vs. NOUFEENA M.K.

JUDGEMENT

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

(2.) The marriage between the parties was solemnised on 18/12/2008. According to the wife, at the time of marriage she was provided with 100 sovereigns of gold ornaments and an amount of ? 5 lakhs. The entire gold and money were misappropriated by the husband. The wife was being treated with cruelty, both physical and mental, by the husband. As demanded by the husband, amounts were given to him by her father on various occasions on her behalf, totalling to ? 18 lakhs. The said amount was also misappropriated by the husband. Unable to withstand the cruelty, the wife expressed that she would initiate criminal proceedings against him.

(3.) The respondent-husband denied the averments in the original petition. With regard to Ext.A1, it was contended that he and his parents were invited by the wife for her brother's marriage held on 2/9/2012. After the marriage he and his parents returned home. Two days later on 4/9/2012, the wife telephoned him that she is sick and needed to be taken to the hospital. When he rushed to her home, her brother, father and others in the house forcefully confined him at the house, and on 4/9/2012 and 5/9/2012 they obtained his blank signed papers, stamped and unstamped. He was illegally confined at her house for a period of 23 days. Thereafter he managed to escape on the interference of one Prabakaran Master, Vazhayil Razack and Kalthendi Razak. Ext.A1 is fabricated on one such blank stamp paper. He sought for dismissal of the Original Petition.