MUKESH DAS Vs. SMITHA NATH. S

JUDGEMENT

(1.) This appeal is filed by the respondents in O.P.No.481/2007 by which the Family Court granted a decree in favour of the respondent/wife to realise Rs. 1,50,000/- with interest @ 9% from the date of suit or 80 sovereigns of gold ornaments or its present value of Rs. 7 Lakhs with interest @ 9% from respondents 1 to 3.

(2.) The short facts involved in the appeal would disclose that the 1st appellant married the respondent on 28/12/2006. On the allegation that the consent for marriage was obtained by making false representations, the respondent has filed O.P.No.480/2007 for declaring the marriage null and void. She also filed a separate original petition O.P.No.481/2007 alleging that at the time of marriage, an amount of Rs. 1,50,000/- and gold ornaments weighing 103 sovereigns were given to her which was entrusted to the appellants. The appellants filed their objection denying the entrustment of gold ornaments and also the amount of Rs. 1,50,000/-. According to her, the respondent was wearing some ornaments, but it was kept in her custody only and she had not entrusted any amount. Further, it is contended that the respondent had tied a thali chain weighing 10 sovereigns, which is still with the appellant and she is bound to return the same. The 1st appellant further submits that a chain weighing 32 grams is with him and he is willing to return the same.

(3.) Both cases were jointly tried and PWs 1 to 8 were examined on the side of the respondent and RW1 was examined on the side of the appellants. Respondent relied upon Exts.A1 to A10 and Exts.X1 to X3 were marked as Court exhibits. In regard to the claim for return of gold ornaments and money, the Family Court relied upon Exts.A6 copy of marriage register to indicate that at the time of marriage, she was wearing 80 sovereigns of gold ornaments. Reliance was again placed on Ext.A4 invoice for purchase of 402 grams of gold ornaments from Kunnathukalathil Jewellers and another 183 grams from the same jewelery. PW4, the Secretary of SNDP Sakha produced A6 marriage register and gave evidence stating that the entries in the marriage register was recorded as per the version of both the parties. The Manager of South Malabar Gramin Bank was examined as PW6. He, along with PW8, had given evidence stating that the 1st appellant has taken a locker with the bank on 11/11/2007. The Family Court observed that when the 1st appellant has taken a locker facility within 10 days of the marriage, it clearly shows that he was in custody of the gold ornaments of the wife. Therefore, Family Court came to the conclusion that the respondent had 80 sovereigns of gold at the time of marriage and she had parted with Rs. 1,50,000/- to the appellants which the appellants are bound to return.