PEETHAMBARAN, VADAKKEDATHU PADINJATTATHIL VEEDU, MANGADU CHERRY, KILIKOLLUR, KOLLAM Vs. SAROJINI, KANJIRATHUM VEEDU, SAKTHIKULANGARA VILLAGE, KUREEPUZHA CHERRY, KOLLAM

JUDGEMENT

(1.) The appellant and respondent are husband and wife. The respondent filed OS No.196/1997 before the Family Court, Kollam seeking a decree for realising 15 sovereigns of gold ornaments and Rs 1,25,000/- from the appellant. Brief facts of the case can be stated in a nutshell as given below:

(2.) The defendant filed written statement denying the entire allegations of misappropriation levelled against him. He denied the averments that the plaintiff wore 15 sovereigns of gold ornaments at the time of marriage and that he was given Rs 15,000/- by her parents and relatives in connection with the marriage. According to him, he married the plaintiff without any monetary consideration, but while living together she treated him with cruelty and eventually she deserted him without any valid reason. He further denied the allegation that 21 cents of property sold away when persistent torture from the part of the defendant became intolerable. According to him, the plaintiff sold away the property on her own volition in which he also had half right and he denied the allegation that the entire sale proceeds were taken away by him and spent to meet his extravagance and personal needs. Though, there was a settlement before the Dy.S.P, Kollam the plaintiff herself got out of settlement and left from the matrimonial home without his consent. He further denied the allegation that he sold away six cents of property for a sale consideration Rs 1,25,000/- to escape from his liability to meet the marriage expenses of second daughter. Thus, he denied all allegations levelled against him and prayed for dismissal of the original suit.

(3.) Both parties adduced evidence which consists of the oral testimony of PWs 1 and 2 and DW1 and Exts A1 and A2 produced by the plaintiff. On appraisal of the said evidence, the Family Court passed the impugned judgment granting a decree directing the defendant to return 10 1/2 sovereigns of gold ornaments or Rs 42,000/- with interest at the rate of 9% from the date of suit till the date of decree and to pay Rs 1,25,000/- with interest at the rate of 9% . Thus, the legality and correctness of the findings, whereby the Family Court passed the impugned judgment, are challenged in this appeal.