DILEEP KUTTAN Vs. JUBY

JUDGEMENT

(1.) This appeal is filed by the respondent in O.P.(HM) No.65/2005 of the Family Court, Alappuzha.

(2.) The original petition is filed by the respondents herein seeking for return of 110 sovereigns of gold ornaments or for recovery of Rs.22 lakhs. The short facts involved the appeal are as under. The parties are described as shown in the O.P. unless otherwise stated.

(3.) The petitioner and the 1st respondent got married on 13/07/2002. According to the petitioner at the time of marriage, she was given 126 sovereigns of gold ornaments by her parents. They lived together for 12 days and thereafter the 1 st respondent left for Behrain. She further alleged that before the 1st respondent left to Behrain, he handed over 110 sovereigns of gold ornaments to the 2nd respondent/mother with a direction to kept it in the bank locker in the joint names of respondents 2 and 3. The 3rd respondent is the sister of the 1st respondent. She further alleges that during the month of September and October 2002, when she requested respondents 2 and 3, for the ornaments for wearing in connection with the marriage of her friend, she was informed that the locker key was with the 1st respondent and therefore the same could not be taken. When she contacted the 1st respondent, he informed that the key was in the custody of respondents 2 and 3. According to her, though she made repeated requests, respondents 2 and 3 did not hand over the ornaments. Further, it is contended that respondents 2 and 3 informed that the gold ornaments being 'sthreedhanam', will not be returned. She further alleges that she was thrown out from the matrimonial home by the 2nd respondent on 29/01/2003. Her documents were with the 3rd respondent. Therefore she filed a complaint before the Deputy Superintendent of Police, Kayamkulam and at his instance, the documents were returned. Her father also lodged a complaint before the SNDP branch, Karthikappally against the ill treatment of respondents 2 and 3. She further contends that, in August 2003, the 1st respondent called her and apologized for the ill treatment of respondents 2 and 3 and requested her to withdraw the complaint filed before the police and Woman's commission. Hence she withdrew the complaint and joined him at Behrain, on 15/08/2003. Though he behaved nicely to her in the first seven days, thereafter he started ill treating her mentally and physically. She was severely tortured. He took her naked photographs and threatened that he will use the photographs to blackmail her. Their relationship strained and it became impossible for her to live with him. She and her father made complaints to the Indian Embassy at Beharain and sought for help, to come back. She returned on 04/11/2003 to India with the help of a family who had visited her at Bahrain. She, therefore, sought for return of gold ornaments and also a decree for dissolution of marriage on the ground of cruelty.