PALLIPARA MEHBOOB Vs. PARAMMEL RAJEENA

JUDGEMENT

(1.) This appeal is preferred against the order dated 10.05.2007 in O.P.No.478/2006 on the file of the Family Court, Malappuram. The original petition was filed by the wife of the petitioner herein for realization of the money towards value of ornaments, presentation, repayment of money totalling an amount of Rs. 2,34,800/-. After appreciating the evidence, the Family Court allowed the petition only to the extent of the claim for Rs. 50,000/- and directed the appellant to pay Rs. 50,000/- with interest @ 9% per annum from the date of petition. The challenge is against the said order.

(2.) The facts necessary for consideration of this appeal is as follows :

(3.) The case is that at the time of marriage, petitioner was given Rs. 25,000/- as well as 22 1/2 sovereigns of gold ornaments valuing Rs. 1,59,800/-. It is the case that the gold and money were appropriated by the respondent. She got a further case that in 1997, her family members purchased 10 cents of land in her name and put up a small house therein. Thereafter, there was demand for more money and transfer of the said property in the name of the first respondent. She had availed bank loan by mortgaging the property and paid a total amount of Rs. 50,000/- to the first respondent/husband. It is also the case that she filed a complaint before the Vanitha Cell of the Police, Malappuram and respondent appeared and signed an agreement undertaking to repay Rs. 30,000/- as well as to pay maintenance at the rate of Rs. 1,000/- per month. Thereafter, a complaint was filed for an offence under Section 498 A of Indian Penal Code.