RAJASEKHARAN NAIR Vs. OMANA RADHAKRISHNAN

JUDGEMENT

(1.) The respondents in O.P.No.31/2001 of the Family Court, Kottayam, have preferred this appeal challenging the judgment by which they were directed to pay an amount of Rs. 40,001/- with interest at the rate of 9% per annum from the date of suit from the second respondent and from the property of the first respondent in the hands of respondents 2, 3 and 5 to 8.

(2.) The contention of the respondent/petitioner was that at the time of marriage, i.e. on 05.04.1993, Rs. 40,001/- has been entrusted to her husband by way of a demand draft. By an agreement dated 16.04.1993 (Exhibit A4), the first respondent, husband's mother, had agreed to transfer certain item of property belonging to her in lieu of payment of Rs. 40,001/-. It was agreed that the property will be transferred within a period of two years or at the time when partition takes place among the members of the family. There was also a stipulation that if the transfer does not take place, it shall be open for the respondent to approach the Court of law seeking appropriate orders.

(3.) Respondent husband committed suicide on 210.2000. Thereafter by filing the O.P. she sought for return of gold ornaments which was appropriated by the respondents and for return of Rs. 40,001/-.