SIVAN PILLAI Vs. SUDHA DEVI

JUDGEMENT

(1.) The appellant is the respondent in Original Petition No.577 of 2005 on the files of the Family Court, Kottayam. The respondent is the wife of the appellant and she filed the aforesaid Original Petition, seeking a decree for realising 35 sovereigns of gold ornaments and Rs. 1,50, 000/- from the appellant.

(2.) According to the respondent, at the time of marriage, 35 sovereigns of gold ornaments and Rs. 1,50, 000/- was given to the appellant as her family share and those ornaments and amount had been entrusted with the appellant as a trustee. But, the appellant has misappropriated the aforesaid amount and gold ornaments and spent the money to meet his personal needs. In the aforesaid averments, the respondent prayed for a decree as referred above.

(3.) The appellant filed a counter-statement, denying the claim for money and gold ornaments. According to the statement, the averment in the Original Petition that at the time of marriage, 35 sovereigns of gold ornaments and Rs. 1,50, 000/- was given to the respondent as her family share and it was entrusted with the respondent is not true. Further, it is contended that the respondent belongs to a poor family and her marriage with the appellant was at the age of 36 years. The appellant married her after giving 10 sovereigns of gold ornaments to her. She remained unmarried because of the inability of her family to raise the amount for purchasing gold ornaments. He has not misappropriated any gold ornaments or money belongs to the respondent. That apart, he further contended that the respondent has appropriated Rs. 40, 000/- from the appellant and the said amount was obtained by him by selling 175 cents of land. Thereafter, she again compelled to sell his remaining property and he was not amenable for the same and provocated by the same, the respondent filed the Original Petition, seeking dissolution of marriage and realisation of money and gold ornaments.