LAWS(KER)-2018-6-706

P.K. SANTHOSH AND OTHERS Vs. RAJI

Decided On June 29, 2018
P.K. Santhosh And Others Appellant
V/S
RAJI Respondents

JUDGEMENT

(1.) This appeal has been filed by the respondents in O.P.No.451/2005 of the Family Court, Ettumanoor, by which, decree had been passed against the appellants directing payment of an amount of Rs. 1,60,000/- with interest at the rate of 6% per annum from the date of suit, to return 50 1/2 sovereigns of gold ornaments or its present value of Rs. 3,03,000/- and Rs. 10,000/- as the value of articles given to the wife at the time of housewarming ceremony.

(2.) The main contention urged by the appellants is that no such amount was received at the time of marriage and the appellants have not appropriated gold ornaments as alleged in the petition. It is further contended that 3 sovereigns of gold ornaments were given as Thali, which is liable to be returned, for which, a counter claim has also been raised. It is submitted that the Family Court has erroneously come to the finding that the respondent is entitled for return of gold ornaments and the amount claimed.

(3.) The short question to be considered is as to whether the Family Court had committed any error in granting a decree as sought for and rejecting counter claim.