JOSHI Vs. SHEEBA

JUDGEMENT

(1.) The appellant is the husband of the petitioner in Original Petition No. 229 of 2003 of the Family Court, Kozhikode. The aforesaid Original Petition was filed by the respondent herein, seeking a decree for releasing an amount of Rs. 2,73,000/- as the value of money, gold ornaments and household articles.

(2.) The appellant resisted the said Original Petition and by denying the liability. After considering the evidence on record, the Family Court allowed the Original Petition in part, by granting a decree to realise Rs. 1,00,000/- with interest from the appellant; but rejected the claim for Rs. 1,73,000/- as value of gold ornaments and household articles. This appeal is filed, challenging the findings, whereby the Family Court granted the decree for realising Rs. 1,00,000/- with interest. The parties are referred to as in the Original Petition.

(3.) According to the petitioner, the marriage between the petitioner and the respondent was solemnized on 30.01.2000 and a child was born to them in the said wedlock. The petitioner was presented with 55 sovereigns of gold ornaments by her father at the time of marriage. There was a demand from the respondent for an amount of Rs. 2,00,000/- as her share in connection with the marriage and her father agreed to pay the same, within a period of one year from the date of marriage and the respondent agreed for the same. But, immediately after the marriage, the respondent and his parents started to harass the petitioner both mentally and physically demanding the said Rs. 1,00,000/- agreed by her father. Eventually, they threatened that if the amount is not paid, he would divorce her and marry again. When the ill-treatment on demand of money became intolerable, the petitioner informed the same to her parents. Consequently, her father somehow managed Rs. 2,00,000/- and paid the respondent on 11.01.2001. Even after the receipt of the said amount, the respondent and his parents continued their ill-treatment towards the petitioner. While so, she delivered a child on 14.01.2002. After the delivery, the respondent was reluctant to take back the petitioner to his house. At last after the intervention of mediators, she was taken back to his house on 14.04.2002. But, when the physical cruelty from the respondent became intolerable, she again went to her house on 24.10.2002. Thereafter, the respondent has not enquired about her welfare. He has not paid any amount towards the maintenance of the petitioner and the child. In the meantime, the respondent has misappropriated her 41 sovereigns of gold ornaments, out of 55 sovereigns, and Rs. 1,00,000/- out of Rs. 2,00,000/-, which was paid by her father to the respondent. That apart, he is holding household articles, which belonged to her worth Rs. 9,000/-. Thus, the petitioner had prayed for a decree to realise an amount of Rs. 1,73,000/- as value of her gold ornaments and belongings and Rs. 1,00,000/- which was given to the respondent by her father. Thus, the total claim was Rs. 2,73,000/-