BENNY MARKOSE Vs. SOLLY @ KOCHUMOL @ MARIAMMA

JUDGEMENT

(1.) Three original petitions were tried together before the Family Court, Kottayam in O.P.Nos.561 of 2005, 512 of 2006 and 736 of 2005. This appeal is preferred against the order passed in O.P.No.736 of 2005 granting a decree for return of an amount of Rs 75,000/- and also for return of seven sovereigns of gold ornaments by the husband who is the appellant herein.

(2.) There is no much dispute with respect to the status of the petitioner being the wife of the appellant. The petition was filed for getting back the amount entrusted with the husband which, according to the petitioner, comes to Rs 75,000/-, 12 sovereigns of gold ornaments which were worn by her at the time of marriage and for return of household items TV, fridge, almirah, washing machine, mixi and vessels belonged to the wife.

(3.) The Family Court relied upon the admission made by PW1, the appellant, and granted a decree directing return of an amount of Rs 75,000/- and seven sovereigns of gold ornaments. Though the appellant (PW1) had admitted that he had received household items TV, fridge, almirah, washing machine, mixi and vessels belonged to his wife, the relief sought for by the petitioner in that behalf has not been granted by the Family Court stating that still they are maintaining the relationship as husband and wife and as such it is not proper to order return of household items. But in the matter of return of gold ornaments and return of the money entrusted, a different view was taken directing the appellant herein to return the amount and the gold ornaments. Aggrieved by the said order, the respondent/husband came up with this appeal.