ANIL KUMAR Vs. SHARI

JUDGEMENT

(1.) Appellant is the 1st respondent in O.P.No.570/2006 of the Family Court, Kottarakkara filed by the respondent herein. The said original petition was filed seeking realization of money and gold ornaments from the appellant. The parties are referred to as in the original petition.

(2.) The 1st petitioner is the wife of the 1st respondent and 2nd petitioner is the minor daughter born in the said wedlock. According to the 1st petitioner, their marriage was solemnized on 16.9.2002 and at the time of marriage, she was given Rs.25, 000/- and 20 sovereigns of gold ornaments by her parents. The said gold ornaments were entrusted with the 1st respondent. Thereafter the 1st respondent was given another Rs.1, 00, 000/- on his demand. However, within a short period, the marital relationship between the 1st petitioner and the 1st respondent has become strained and they separated. 1st respondent did not return the gold ornaments, which were entrusted with him, when she left the matrimonial home. In the above context, the original petition was filed seeking realization of Rs.1, 25, 000/- and 20 sovereigns of gold ornaments from the respondents.

(3.) The respondents resisted the claim contending that the allegation that the 1st respondent was given Rs.1, 25, 000/- and the petitioner was given 20 sovereigns of gold ornaments at the time of marriage is absolutely false. No amount was given to him and no gold ornament was entrusted with him after the marriage. According to them, they never made any demand for money or gold ornaments or any other assets. Therefore the 1st petitioner is not entitled to realize any amount or gold ornaments from the respondents. Thus, they prayed for dismissal of the original petition.