M. RANGANATH AND OTHERS Vs. RAJASREE AND OTHERS

JUDGEMENT

(1.) These are the two appeals against the common order dated 28.08.2010 in O.P.No.446/2004 and O.S.No.170/2007 of the Family Court, Kollam. The parties herein below are referred in their status before the Trial Court.

(2.) O.P.No.446/2004 was for divorce of marriage and O.S.No.170/2007 for getting back the gold and amount entrusted with the defendants in connection with the marriage. The first defendant raised a counter claim in O.S.No.170/2007. The application for divorce in O.P.No.446/2004 was dismissed. O.S.No.170/2007 was partly allowed and the counter claim was also partly allowed directing the first defendant to return five sovereigns of gold or its equivalent value and the third defendant to return three sovereigns of gold or its equivalent value. Defendant Nos.1 and 2 were directed to pay rupees two lakhs with 9% interest from the date of suit till the date of decree and thereafter at the rate of 6% per annum and the first defendant was directed to pay past maintenance of Rs. 90,000/-. The counter claim was also allowed in part directing the plaintiff to return three sovereigns of gold (except the thali) or its value. These two appeals are preferred against orders refusing to grant divorce and directing payment of gold and money to the plaintiff. No cross appeal is seen filed by the wife/plaintiff.

(3.) The marriage of the first plaintiff with the first defendant was solemnized as early as on 03.12.2000. The defendants 2 and 3 are the siblings of first defendant. There is a male child born in the wedlock on 19.09.2001. Admittedly, the first plaintiff had taken back her gold ornaments to her parental house at Kottiyam so as to keep the gold ornaments in safe. But, thereafter the first defendant began to ill treat the first plaintiff and harass her demanding back 101 sovereigns of gold ornaments at the instigation of his siblings, the second and third defendants. The brother of first plaintiff, at the time of marriage, adorned the husband with a gold chain weighing five sovereigns and a gold ring weighing one sovereign. On 17.09.2000, about 2 1/2 months prior to the marriage, an amount of Rs. 1,00,000/- was entrusted with the second defendant by the father of first plaintiff being the first installment agreed to be paid as her parental share and the second installment of Rs. 1,00,000/- was also entrusted with the second defendant on the date of marriage. A wrist watch worth Rs. 3,000/- was also given to the first defendant. A gold bangle weighing three sovereigns was given to the third defendant, Rajalekshmi, on the date of marriage. After the marriage, though the first plaintiff and the first defendant shifted their residence to Aligarh in a rental house in connection with the job of first defendant, there also she had been subjected to mental agony and sufferings by the first defendant. On 15.03.2001 she had been ousted from the bedroom and dragged her around the room and even stamped over her abdomen ignoring her three months pregnancy. She was also threatened with evil consequences and gone up to the extent of a declaration that he would kill her. No medical attention was given to her, though in one occasion she fell down fainting. She was taken to hospital only under the compulsion from her parents. She had given birth to a child on 19.09.2001. The first defendant is a Class I Officer in a Nationalized Bank. The plaintiffs claimed return of nine sovereigns of gold ornaments or its equivalent value and an amount of Rs. 2,00,000/- entrusted with the second defendant, another amount of Rs. 61,000/-, the value of household articles, and an amount of Rs. 17,500/-, the value of dress materials, besides the claim of maintenance at the rate of Rs. 3,000/- per month as past arrears from 31.05.2001 till 15.03.2004 with interest for herself and from 19.09.2001 to 15.03.2004 to the child at the rate of Rs. 3,000/- per month.