LAWS(KER)-2017-10-249

JOHN K. JACOB Vs. CELINAMMA, D/O. JOSEPH, PUTHUPARAMBIL HOUSE, KOONAMTHANAM, CHEERANCHIRA P.O.,CHANGANACHERRY, KOTTAYAM

Decided On October 03, 2017
John K. Jacob Appellant
V/S
Celinamma, D/O. Joseph, Puthuparambil House, Koonamthanam, Cheeranchira P.O.,Changanacherry, Kottayam Respondents

JUDGEMENT

(1.) This appeal is filed by the respondent in O.P.No.570 of 2005 of the Family Court, Ernakulam. The original petition was filed for return of gold ornaments as well as certain household items valuing Rs. 3,75,000/-. The Family Court passed the decree permitting the petitioner to realise 64 sovereigns of gold ornaments or its present value and to recover Rs. 1,00,000/-given to the respondent at the time of marriage. Direction was also given to pay Rs. 32,750/- as value of B schedule items.

(2.) The short facts arising in the matter are as under:

(3.) Respondent denied all the allegations except marriage, birth of child and separation. According to him, he is a teacher by profession having ancestral properties. He never demanded any money as bride's share at the time of marriage. 50 sovereigns of gold ornaments available with her is in her custody and no money was entrusted as alleged, either at the time of marriage or subsequently. It is stated that the petitioner was sending cheques for small amounts for the household affairs at her own will and he had not demanded any amount for his personal expenses. He also denied that the petitioner had purchased the household items as shown in B schedule.