UNNIKRISHNAN. V.A Vs. NISHA T.K.

JUDGEMENT

(1.) Appellant is the respondent in O.P.No.630 of 2007 of the Family Court, Malappuram, filed by the wife seeking return of 19 ? sovereigns of gold ornaments, currency, value of almirah, steel pot etc. This Original Petition was tried along with O.P.No.629 of 2007 filed by the wife for divorce.

(2.) The petitioner-wife contended that at the time of marriage she was given an amount of Rs. 10,001/-, gold ornaments of 152.4gms, steel almirah, utensils etc. and gold ornaments from her relatives totalling 21 grams. She stated that money and ornaments were taken and appropriated by her husband and claimed Rs. 1,52,851/- as their total value. The appellant denied that the wife had been given the articles as alleged and also stated that he had not appropriated her money ornaments or movables.

(3.) PW1 to PW4 were examined on the side of the respondent wife and A1 to A4 were marked. Appellant examined RW1 and RW2 and marked Exhibits B1 to B7. An issue was framed ''whether the petitioner is entitled to get any and what amount towards value of ornaments, currency, value of movables etc.?" The Family Court found that the case that the wife had the gold ornaments and money at the time of marriage stood proved and that there is no reason to disbelieve her testimony that they had been appropriated during coverture. The appellant was directed to repay the value of 152.4gms of gold being Rs. 1,36,500/- plus an amount of Rs. 10,000/-with interest at the rate of 9% from date of Original Petition till realisation.