JOSE JOSEPH @ SOJAN AND OTHER Vs. TELSHA

JUDGEMENT

(1.) The respondents in O.P.No.217/2009 of the Family Court, Thodupuzha are the appellants. The original petition is filed by the respondent herein for return of money and gold ornaments. The respondents also filed a petition for dissolution of marriage as O.P.No.101/2008. The first appellant also filed O.P.(Divorce) 18/2010 for dissolution of marriage. All the cases were jointly heard and by a common judgment dated 30/12/2010, while directing dissolution of marriage in the petition filed by the respondent, allowed O.P.No.217/2009 by which a decree has been granted for recovery of 49 sovereigns of gold ornaments or its equivalent value as on the date of order, that is Rs. 1930/- per gram and a further amount of Rs. 2,00,000/- as her share amount with interest at 6% from the date of decree till realisation against the respondents and their assets.

(2.) In the appeal, the appellants contended that there is no evidence to prove that 49 sovereigns of gold were misappropriated by the appellants and there is no basis for granting a decree for Rs. 2 lakhs. The contention was that the Family Court was not justified in granting a decree without any basis at all, especially when the materials relied upon by the Family Court was not sufficient enough to prove entrustment of the gold articles and also for grant of decree for Rs. 2,00,000/-.

(3.) On the other hand, learned senior counsel appearing for the respondent supported the judgment and it is contended that the Family Court had acted upon sufficient material to grant the decree and therefore there is no reason to take a different view in the matter.