SHEREEF Vs. MYMOONA

JUDGEMENT

(1.) M.A. No.397 of 2008

(2.) The respondents filed a counter statement, denying all the averments in the petition alleging misappropriation of money and gold ornaments. They denied the allegation that in connection with the marriage, the 1st respondent was not given Rs.1,00,000/-. Similarly, according to them, they had not taken or misappropriated 77 sovereigns of gold ornaments of the appellant. In fact, they do not know the weight of the ornaments of the appellant. They emphatically denied the allegations of matrimonial cruelty and harassment. After the marriage, the 1st respondent had gone to Gulf and the appellant was residing in the matrimonial home. After sometime, she herself left the matrimonial home on her own volition and thereafter filed the aforesaid Original Petition seeking return of money and gold ornaments, as claimed in the petition. When the relationship between the appellant and the 1st respondent became strained, the mediators intervened. The petitioner herself disclosed to the mediators that some of her gold ornaments and dress are kept in the Almirah and she had given the key of the said Almirah. Thereafter, the mediators along with the petitioner had gone to the house of the respondents, opened the Almirah and obtained those items which were given to the petitioner at the time of marriage. Subsequently, the 1 st respondent had pronounced Talaque on 23.06.2007 and thereby divorced her.

(3.) On the aforesaid rival pleadings both parties adduced evidence which consists of the oral testimony of PWs.1 and 2 and RWs.1 to 4 and Exts.A1 to A7 and B1 to B14.