JOBIN Vs. JOMOL AND ANR.

JUDGEMENT

(1.) Against the judgment dated 20.4.2011 in O.P.(O.S.) No.1321 of 2008 of the Family Court, Alappuzha, the respondent/husband came up with Mat Appeal No.674 of 2011 and the petitioners/wife and minor child filed Mat Appeal No.746 of 2011.

(2.) The original petition was filed by the wife along with the child for recovery of gold ornaments and money and also for getting maintenance. The case advanced by the first petitioner/wife is that at the time of betrothal, i.e. on 26.4.2007, an amount of Rupees one lakh was entrusted with the respondent/husband. At the time of marriage, she was given 25 sovereigns of gold ornaments besides the amount which was entrusted at the time of betrothal. They resided together for a period of more or less five months and there is an issue in the wedlock, who is the second petitioner in the original petition.

(3.) The Family Court, on consideration of the evidence and after hearing both the parties, decreed the original petition in part allowing recovery of 25 sovereigns of gold ornaments from the respondent/husband or its value with interest. Her claim for Rupees one lakh, which was alleged to have been entrusted at the time of betrothal, was rejected. The claim for future maintenance was also not allowed on the reason that an application was already filed before the Court of the Chief Judicial Magistrate, Alappuzha, wherein she is getting maintenance for herself and the minor child.