MANOJ Vs. AYSWARYA

JUDGEMENT

(1.) Mat.Appeal No. 205 of 2008 is filed by the respondents and Mat.A.No. 249 of 2008 is filed by the petitioner in OP(HMA).No. 372/2006 of the Family Court, Kottayam at Ettumanoor.

(2.) The parties are described as shown in original petition. The short facts of the case are as under. The petitioner and the 1st respondent got married on 14.11.2005 as per Hindu religious rites and custom. The contention of the petitioner/wife is that at the time of marriage she was given 151 sovereigns of gold ornaments and Rs.5,00,000/- (Rupees five lakhs) as her share. Matrimonial dispute had arisen between the parties on account of the harassment of the 1st respondent. He behaved in a cruel manner against her. He is interested only in unnatural sex. Though she became ill on several occasions, she was not given proper treatment. Allegation was made by him regarding her chastity and even compelled her for abortion. On 15.2.2006, he demanded Rs.2,00,000/- (Rupees two lakhs only) to participate in a toddy shop auction. When she refused, he man-handled her, threatened her and attempted to kill her by pouring kerosene. Harassment continued for several days. Her brother came and admitted her in the hospital on 22.03.2006. Further confrontation arose between the parties and a police complaint was also filed against the 1st respondent as Crime No.80/2006. Because of the cruelty and harassment, the petitioner was admitted in the hospital on 3.5.2006.

(3.) The marital life had broken irretrievably and she sought for divorce by filing O.P.No. 361/2006. She also filed O.P.No. 372/2006 claiming return of the gold ornaments and money. It is her contention that Rs.5 lakhs which was given at the time of marriage and 162.6 sovereigns of gold ornaments was entrusted with the respondents. However, in the marriage register the quantity of gold ornaments was recorded as 75 sovereigns on mutual consent. That apart household articles worth Rs.62,500/- was also given at the time of marriage. It is the contention of the petitioner that the entire gold ornaments money and household articles were appropriated by the respondents.