SAJITHA Vs. VINODAN

JUDGEMENT

(1.) Since these appeals are filed challenging a common order and the parties are same, all these appeals are heard together and disposed of accordingly. The impugned order is a common order passed in OP 661/2005, OP No.746/2005 and MC No.176/2005 on the files of the family court, Kozhikode. M.A No.633/2007 has been filed challenging the order passed in O.P No.746/2005 and M.A 670/2007 has been filed challenging the order passed in OP No.661/2005 and RPFC No.501/2007 has been filed challenging the order passed in MC No.176/2005. OP No.661/2005 was filed by the appellant herein seeking a decree for recovery of 35 sovereigns of gold ornaments and Rs 20, 000/- from the respondent. The brief facts of the case can be summarised as below: According to the appellant, her marriage with the respondent was solemnised on 23.1.2003 and a male child was born in the said wedlock. At the time of marriage, the appellant was given 35 sovereigns of gold ornaments and Rs 20, 000/- . After the marriage they lived as husband and wife at the house of the respondent. The respondent's parents and siblings mentally tortured the appellant stating that gold ornaments which were given to the appellant at the time of marriage was insufficient and further commented that the respondent would have obtained more gold ornaments and another girl. While so, the appellant became pregnant and delivered a male child on 20.2.2004. After the delivery, the respondent never came to the house of the appellant to take her back and he never paid any amount towards maintenance allowance to the appellant and the child. He never enquired about them. The respondent has a love affair with his uncle's daughter. In the meantime, the respondent sold her 35 sovereigns of gold ornaments and spent the said amount for his personal use. So also, he misappropriated and misused Rs 20, 000/- which was given to the appellant at the time of marriage. The appellant demanded her 35 sovereigns of gold ornaments and Rs 20, 000/- which was given to her and subsequently misused by the respondent According to her, she is entitled to get Rs 20, 000/- and 35 sovereigns of gold ornaments. With the aforesaid averments the appellant prayed for a decree to realise Rs 20, 000/- and 35 sovereigns of gold ornaments from the respondent.

(2.) The respondent filed a counter-statement denying the averments that at the time of marriage the appellant was given 35 sovereigns of gold ornaments and Rs 20, 000/- and subsequently he sold away the gold ornaments and spent the amount for his own personal needs and he misused Rs 20, 000/- which was given to the appellant in connection with the marriage. According to him, the appellant was given only 15 sovereigns of gold ornaments and the same was in the possession of the appellant herself. Subsequently, the same was taken by her when she went for delivery. He denied the allegations of cruelty alleged against him. According to him, he never illtreated her as alleged in the original petition. His mother, brother and sister also never illtreated the appellant as alleged in the petition and those allegations were made to defame the respondent and his family members. According to him, no amount was given to the appellant in connection with the marriage. They were living together harmoniously till she left the house for delivery. After delivery, she never came to the house of the respondent, though he had issued lawyer's notice demanding restitution of conjugal rights. The appellant had issued a reply notice raising false contentions. The ornaments shown in the schedule is also not correct. With the aforesaid contentions the respondent prayed for dismissal of the petition.

(3.) On the aforesaid contentions both parties adduced evidence and after considering the evidence on record the family court dismissed the original petition on a finding that the appellant miserably failed to prove the claim that at the time of marriage she was given Rs 20, 000/- and 35 sovereigns of gold ornaments and the respondent appropriated the money and gold ornaments and spent for his personal needs.