BIBY K JOHN Vs. MARIYAMMA MATHAI @ BINDU

JUDGEMENT

(1.) The appellants are the respondents in O.P.No.97/2009 of the Family court, Kottayam, Ettumanur, and the respondent is the petitioner therein. The 1st appellant is the husband of the respondent and appellant Nos. 2 and 3 are the father and mother of the 1st appellant. The above OP was filed for return of money, gold ornaments and household articles, which were allegedly entrusted with the appellants/respondents in connection with the marriage of the 1st appellant with the respondent. The respondents denied the claim for return of money, gold ornaments and household articles. After considering the evidence on record, the family court allowed the OP in part and this appeal has been filed assailing the finding of the family court.

(2.) The brief facts of the case can be summarized as follows :-

(3.) The respondents filed objection. They admitted that they have received Rs 25, 000/-. It is also admitted that the petitioner was given five sovereigns of gold ornaments at the time of marriage. But those ornaments are with the petitioner and she has not entrusted the same with the respondents as alleged in the petition. 1.75 sovereigns of gold chain was given to the petitioner by the 1st respondent as 'thali' chain but the same has not been returned so far, though, she is residing separately due to marital disharmony. They denied the allegation that they have appropriated the gold ornaments.