BABU Vs. K.G.INDIRA

JUDGEMENT

(1.) This appeal has been filed by the respondent in OP No.175/2009 challenging judgment dated 19/2/2009 of the Family Court, Kottayam at Ettumanoor. The OP has been filed by the respondent herein seeking for return of 3 1/2 sovereigns of gold ornaments and Rs.6,001/-.

(2.) The short facts that has arisen in the matter are as under:- The marriage between the couple was on 1/9/1985. According to the petitioner/wife, at the time of marriage, she was given 3 1/2 sovereigns of gold ornaments and an amount of Rs.6,001/-. She alleged that the entire amount and gold ornaments were appropriated by the respondent. Respondent contended that only an amount of Rs.5,001/- was entrusted and she was wearing only 3 sovereigns of gold ornaments.

(3.) The above case was tried along with OP Nos.169/2009 and 170/2009. OP No.169/2009 was filed for divorce and OP No.170/2009 was filed for past maintenance. The Family Court dismissed both the said Original petitions filed by the wife. In the present case, the Family Court found that there was no evidence to support her claim for return of Rs.6,001/- as no evidence was adduced to show that husband has appropriated the said amount. But with reference to the claim for return of 3 sovereigns of gold ornaments, it was observed that the husband had not disproved its appropriation. Accordingly decree had been passed for return of 3 sovereigns of gold ornaments or its present approximate value of Rs.35,000/-.