SHIJI Vs. RAJEEVAN

JUDGEMENT

(1.) This appeal has been filed by the petitioner in OP No.750/2006 of the Family Court, Kozhikode by which her claim for return of gold ornaments had been rejected by the Family Court.

(2.) The short facts of the case are as under:- Petitioner and the respondent got married on 18/10/1999. A child was born in the wedlock. At the time of marriage, respondent/husband was employed abroad. According to the petitioner/wife, at the time of marriage, she was given 30 sovereigns of gold ornaments. Out of the said gold ornaments, 4 sovereigns were given to the husband's elder sister. Subsequently, in January 2002, when he came back from abroad, he had taken 20 sovereigns of her gold ornaments for his own purposes and it was pledged. She had to leave the matrimonial home on account of various issues on 23/9/2002, but while leaving the matrimonial home, he had not given back the gold ornaments. Hence, she made a claim for return of 24 sovereigns of gold ornaments.

(3.) Respondent in his objection denied the allegations. According to him, he had not appropriated any of her gold ornaments. He denied the fact that she had 30 sovereigns of gold ornaments. According to him, as per her version, she had only 20 sovereigns of gold ornaments. That apart, he contended that she was indulging in adultery with his own brother and he had filed a petition for divorce. It is thereafter the claim has been made for return of gold ornaments.