IBRAHIM Vs. KHADEEJA

JUDGEMENT

(1.) This appeal is filed by the respondent in OP No.1018/2009 of the Family Court, Malappuram. He challenges order dated 8/7/2011 by which a claim made by his wife seeking return of gold ornaments, money, value of household utensils and furniture had been allowed by the Family Court.

(2.) The short facts that have arisen in the matter are as under and the parties are referred to as shown in the OP unless otherwise stated.

(3.) Petitioner and the respondent were married on 8/12/1996 as per the law and custom prevailing among the Muslim community. Three children were born in the wedlock. After the birth of the second child, respondent expressed an intention to contract a second marriage. According to her, she was brutally attacked by the respondent for not giving her consent to contract another marriage. She again became pregnant and she went to her parental home. The respondent also went back to Gulf as he was employed abroad. He came back after 10 months and thereafter he married a lady by name Suhara. The third child was born after 24 days from the date of the said marriage. On account of the aforesaid incident, matrimonial disputes had arisen and ultimately she had to leave the matrimonial home on 11/11/2009. In the said circumstances, she sought for return of 75 sovereigns of gold ornaments, which was given to her at the time of marriage, an amount of Rs. 50,000/- which was paid at the time of marriage, Rs. 36,188/- being value of household utensils given by her parents and an amount of Rs. 1,65,000/- being value of furniture given to her by her parents.