RAHIM Vs. JAMEELA

JUDGEMENT

(1.) The captioned appeal is filed by the respondent against the judgment of the Family Court, Thrissur in O.P. No. 218 of 2010, dated 10.02.2014. By the said judgment, the Family Court allowed the respondent to recover 30 sovereigns of gold ornaments from the appellant or its equivalent value of Rs. 3,75,000/ - and the appellant was directed to pay the same within a period of two months, failing which interest at the rate of 6% per annum was directed to be paid to the equivalent value of gold ornaments from the date of petition till realization, and further directed the appellant to return the household articles or its equivalent value of Rs. 45,000/ - to the respondent within two months from the date of judgment failing which 6% interest was directed to be paid from the date of petition till realization.

(2.) Necessary facts required for the disposal of the appeal are as follows:

(3.) The marriage between the appellant and the respondent was solemnized on 22.02.1998, as per the rites and custom prevailing in the Muslim community. Two children were begotten in the wedlock. The respondent had obtained 30 sovereigns of gold ornaments, cash of Rs. 50,000/ - and household articles in connection with the marriage of the respondent from her father. The said gold ornaments, cash and household articles were entrusted with the appellant and his parents as trustees. But the appellant and his parents had misappropriated the same. It is the further contention of the respondent that the gold ornaments, money and household articles were presented to the respondent by her parents to have fruitful enjoyment of the same by the respondent alone, and the appellant and his parents have no manner of right to misappropriate the same.