RENJITH R NAIR AND OTHERS Vs. SRUTHI

JUDGEMENT

(1.) This appeal has been filed challenging the judgment dated 10/05/2017 in O.P.No.466/2013 by which the Family Court directed the appellant to return the gold ornaments kept in locker No.837 of State Bank of Travancore, Sasthamangalam branch. The respondent was further permitted to recover 90.44 grams of gold ornaments or its value of Rs. 22,61,000/- with interest.

(2.) The second appellant has appeared in person and has argued the matter.

(3.) The short facts involved in the writ petition would disclose that the first appellant married the respondent on 09/04/2011. The relationship between the parties got strained and they are now divorced. O.P.No.466/2013 has been filed by the respondent claiming return of 200 sovereigns of gold ornaments, which, according to her, was left with the appellants one week after marriage. The appellants filed counter affidavit denying the quantity of gold ornaments, however, admitting the fact that she had certain gold ornaments which were kept in the locker. Before the Family Court, though an opportunity was given to the appellants to adduce evidence and an Advocate Commissioner was appointed to take evidence, the requisite fee was not paid and therefore the original petition was allowed taking into account the evidence of the respondent. Though a counter claim was raised, same was also dismissed.