VIJI Vs. SURESHKUMAR

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 28th April, 2011 of the Family Court, Alappuzha in O.P (HMA) No. 179 of 2008. The O.P was preferred by the appellant/petitioner/wife seeking a decree of dissolution of marriage and the return of Rs.2,70,000/- being the value of 20 sovereigns of gold ornaments and an amount of Rs.1,00,000/- which was entrusted in cash with the respondent at the time of the marriage.

(2.) The averments in the OP were as follows:- The parties were married on 06.06.2004 according to Hindu Religious Rites. At the time of marriage, the petitioner had 20 sovereigns of gold ornaments and her parents had given her Rs.1,50,000/- as patrimony. The respondent is a rubber tapper. After the marriage, the parties resided at the house of the respondent where the petitioner was treated with utmost physical and mental cruelty. She was not permitted by the respondent's mother to have any cohabitation with the respondent and was even denied food and water. It is stated that due to the extreme cruelty, the petitioner was unable to live at the respondent's house and from 02.09.2004 onwards, the spouses resided at the petitioner's house till 02.11.2004. However, the respondent had gone back to his own house thereafter. When the petitioner went to the respondent's house on 22.02.2004, his mother had brutally manhandled her and had driven her out from the house asking her to come back only if she can bring money for the construction a house in his property.

(3.) The respondent/ husband filed objections admitting the marriage and the fact that there where no issues in the marriage. The entrustment of 20 sovereigns of gold ornaments and the amount of Rs.1,50,000/- as patrimony were completely denied by the husband. So also, the allegations of matrimonial cruelty were denied. It was stated that the marriage had been consummated and that there was no incident of driving the petitioner out from the house as alleged. It was further stated that, all the gold ornaments of the petitioner were returned to her in the presence of both family members and members of NSS Karayogam concerned.