P V ALIYAMMA Vs. E K THOMAS

JUDGEMENT

(1.) Can the wife claim any share in the family properties of the husband if the "Sthridhanam' amount is utilised for the benefit of her husband's family is the question that has come up for consideration this case.

(2.) Parties are husband and wife. Marriage between them took place on 12-5-1952 and two sons were born in that wedlock. They were working as teachers and later they retired from service. After 35 years of married life they started living separate, wife alleging cruelty against husband and vice versa. In the year 1992 wife preferred O.S.137 of 1992 before the Munsiff Court, Ernakulam for partition against her husband claiming half share in the plaint schedule properties on the strength of Ext.Al registered partition deed executed in the family of the husband. Suit was later transferred to the Family Court, Ernakulam. Question that is raised for our consideration is whether wife could claim share in a partition effected in the family of the husband.

(3.) Plaintiff has stated that at the time of her marriage, her father had entrusted with the defendant's father a sum of Rs. 2501/- and gold ornaments weighing 30 sovereigns by way of 'sthridhanam' and that the defendant's father had utilised that money and jewellery for benefit of his family. Partition was effected in the family of the husband. Al is the registered partition deed. Provision was made in the deed acknowledging the fact that money was advanced by the plaintiff's father by way of 'sthridhanam and the same was utilised for the benefit of husband's family. One additional share was accordingly allotted to the defendant acknowledging that fact. Plaintiff therefore claimed half share in the plaint schedule property. Further it was also stated that though plaintiff and the defendant are in joint possession, plaintiff is deprived of the income from the property. It is under such circumstance that the suit was filed for partition of half share in the suit properties which included the property gifted to the son also.