VALAKKADA SABIRA Vs. V.C.SHARFUDHEEN

JUDGEMENT

(1.) SHAFFIQUE, J 1. This appeal is filed by the petitioner in O.P.No. 1309/2010 of the Family Court Kozhikode by which the appellant challenges the judgment dated 18.6.2011 dismissing the original petition.

(2.) The short facts of the case are as under and the parties are described as shown in the petition unless otherwise stated. Petitioner and respondent got married on 12.6.2005 as per Muslim law and they lived together until 29.09.2006. A female child was born in the wedlock. It is the case of the petitioner that on account of matrimonial issues she had to live separately.

(3.) It is the contention of the petitioner that at the time of the marriage her parents had given her 35 sovereigns of gold ornaments and Rs.1,50,000/-. Within a few days of marriage, the respondent appropriated 22 sovereigns of ornaments that belonged to the petitioner and gave the same to his sister Saheera. He also demanded more gold ornaments and money. The petitioner's father gave him Rs.10,000/-. Later on, when she was taken for delivery the respondent provided her with imitation gold ornaments. Her remaining 7 sovereigns of gold ornaments were appropriated by the respondents for the marriage of respondent's elder brother's daughter. He also took 3 sovereigns of gold chain given as 'Mahr' and 4 1/2 sovereigns of gold ornaments her child got from her house. In the light of the aforesaid facts, she sought for return of gold ornaments or its present market value and also the amount shown as B Schedule to the petitioner. The respondent denied the allegations. According to him she did not have 35 sovereigns of gold ornaments and no money was paid or appropriated.