SHAJI SEBASTIAN Vs. JULIE JOSEPH

JUDGEMENT

(1.) These appeals arise out of a common judgment rendered by the Family Court, Muvattupuzha. O.P. No. 573/2012 was instituted by the husband seeking dissolution of marriage, while O.P. No. 574/2012 was filed by the wife seeking return of gold ornaments and money, along with past maintenance.

(2.) By the impugned common judgment, the Family Court granted a decree of divorce on the ground of desertion and also allowed the wife's claim for return of gold and money, as well as maintenance. Though the husband succeeded in obtaining a decree of divorce, he has preferred these appeals insofar as the Family Court declined to grant divorce on the additional grounds of adultery and cruelty urged by him, and also challenging the decree granting the aforesaid reliefs to the wife.

(3.) The brief facts necessary for the disposal of the disputes are as follows: The marriage between the appellant and the respondent was solemnised on 8/6/2003 in accordance with the religious rites and customs prevailing in the Christian community. The respondent claimed recovery of 2,00,000/- and 28 sovereigns of gold ornaments from the appellant, contending that at the time of marriage her relatives entrusted a sum of 3,50,000/- with the father of the appellant (who is the second respondent in O.P. No. 574/2012) towards her share in the parental properties. It was further contended that, using 1,50,000/- out of the said amount, 44 sovereigns of gold ornaments were purchased for the respondent. According to her, most of the ornaments, except those used for daily wear, were kept in the custody of the appellant's father.