BABY Vs. VIJAYAN

JUDGEMENT

(1.) These appeals arise from a common order dated 12.11.2012 in O.P.Nos. 137, 138, 139 and 140 of 2012 of the Family Court, Irinjalakuda. Smt. Baby, wife of Vijayan is the appellant in all these cases.

(2.) The facts in brief are as under:

(3.) The couple got married on 18.10.1986 as per Hindu religious rites and ceremonies. Two female children were born in the wedlock. According to the appellant/wife, at the time of marriage she was given 60 sovereigns of gold ornaments which were appropriated by respondent/husband. A portion of the gold ornaments were sold and utilising the same, item No.1 of the petition schedule property was purchased in their joint names. According to the appellant the entire consideration was paid out of her funds and therefore she is entitled for the exclusive right over the same. The appellant alleged that her husband was demanding more money and she was ill-treated and to prevent cruelty, her brother had paid Rs.7,50,000/- to her husband and with the said amount he purchased item No.2 of the petition schedule property in respondent's name alone and constructed a residential building. Since the money was given by her brother on her behalf she is entitled for the money or exclusive right over the said item of property as well. She further contended that item No.3 property was purchased with the funds given by her relatives and by sale of some of her gold ornaments and it was purchased in their joint names. Hence she sought for a declaration that the entire petition schedule properties belonged to her or in the alternative she sought for return of Rs.7,50,000/-. She also sought for return of 38 sovereigns of gold ornaments which according to her have been appropriated by her husband or its value along with the household articles given to her at the time of marriage. She also stated that she had to flee along with children as her husband tried to attack her with a chopper.