SABU Vs. DEEPTHI BOSE

JUDGEMENT

(1.) These appeals arise from judgment dated 30.09.2010 in O.P. (O.S) No.1002 of 2008 of the Family Court, Alappuzha. Mat Appeal No.60/2011 is filed by the husband-counter petitioner challenging the judgment and decree during realisation of Rs. 8 lakh from him being the value of money and gold ornaments while Mat.Appeal No.327/2013 is filed by the wife-petitioner challenging the judgment and decree to the extent of declining the claim in part. Parties are referred to as arrayed in the petition before the Family Court for the sake of convenience.

(2.) The original petition was filed by the appellant in Mat. Appeal No.327 of 2013, who is the wife seeking for return of gold ornaments and the money. The marriage between the parties was solemnised on 02.02.2003. It was alleged that the petitioner was given 90 sovereigns of gold ornaments and two lakhs of rupees as her share and the same was entrusted to the counter petitioner as a trustee. It was further alleged that the petitioner was treated with cruelty by the counter petitioner and other members of the family, and that the gold ornaments and the money entrusted to him was appropriated for his personal needs. It is stated that after six months of marriage, the petitioner had been brought back to her parental home on the assurance that she would be taken back within a week. It is stated that thereafter O.P. No.132/2003 was filed before the Family Court, Kottayam for dissolution of marriage. The petitioner sought return of 90 sovereigns of gold ornaments or its equivalent value of Rupees nine lakhs and Rupees two lakhs which was entrusted to the counter petitioner.

(3.) An objection was filed by the counter petitioner contending that the petitioner had no consistent case as regards the amount of gold which was stated as 70 sovereigns in the 2nd paragraph, 60 sovereigns in paragraph 9 and 90 sovereigns in the relief portion of the original petition. It was further contended that the petitioner was of incurably unsound mind which fact became evident soon after the marriage and the marriage between the parties was dissolved on the ground of non consummation by judgment and decree dated 14.9.2007 in O.P.No.132/2004 of the Family Court, Kottayam. It was stated that the petitioner exhibited signs of mental illness from the day of the marriage itself and that she was repeatedly taken away by the father and members of the family on the assurance that everything would be set right. The contention was that she had spent only a few days in the matrimonial home altogether and that she had taken all her gold ornaments along with her when she was taken to her parental home. It was further alleged that the counter petitioner was not in possession of any gold ornaments belonging to the petitioner. As regards the entrustment of Rs. 2 lakhs, it was contended that only an amount of Rs. 1 lakh was given to the counter petitioner by Demand Draft as pocket money for meeting the expenses of the marriage. It is stated that the petitioner purchased thali chain and manthrakodi which were also still in the possession of the petitioner. It was therefore contended that the original petition for return of gold and money was devoid of merits and liable to be dismissed.