ASHRAF Vs. RAJEENA

JUDGEMENT

(1.) This appeal is filed by the respondent in O.P.No.101/2006 challenging the judgment dated 25/01/2007. The original petition was filed by the respondents herein seeking for return of gold ornaments, money as well as past maintenance.

(2.) The short facts arisen in the case are as under:

(3.) Before the Family Court, the 1 st respondent relied upon the evidence of PW1. The appellant was examined as RW1. The 1 st respondent also relied upon Exts.A1 to A3 and the appellant relied upon Ext.B1. The Family Court, on the basis of the oral testimony of PWs 1 to 4, had come to the conclusion that there was enough evidence to show that an amount of Rs.1,50,000/- was paid at the time of marriage and she was having 33 sovereigns of gold ornaments. It was found that the appellant had appropriated the amount as well as the gold ornaments. However, there was no evidence to prove payment of Rs.25,000/-. In regard to maintenance, having found that they were being neglected, direction was issued to pay maintenance at the rate of Rs.1,200/- to the 1 st respondent and Rs.500/- to the 2 nd respondent for a period from 16/01/2004 to 10/02/2006 to the 1 st respondent and from 16/05/2004 to 10/02/2006 to the 2 nd respondent.