K.B.UTHAMAN Vs. RAJANI

JUDGEMENT

(1.) This appeal is filed by the defendant in O.S.No.239 of 2003 of the Family Court, Kollam. The suit was filed by the respondent herein seeking return of money and gold ornaments. The Family Court decreed the suit directing return of 10 sovereigns of gold ornaments and Rs.1,00,000/- (Rupees one lakh).

(2.) The learned counsel for the appellant submits that there is absolutely no evidence to prove the payment of any amount at the time of marriage, much less Rs.1,00,000/- and even the contention regarding return of gold ornaments have been negatived by the Family Court. Still directions had been issued to return 10 sovereigns of gold ornaments without any reason.

(3.) The short facts of the case are as under: The parties got married on 24.02.1981. They have two children who are majors and well placed. The couple got separated on 22.12.2002 on account of certain matrimonial issues. Thereafter, she filed the suit inter alia contending that at the time of the marriage she was given 50 sovereigns of gold ornaments and the defendant was given Rs.1,00,000/-. That apart, she had to settle various loans that was taken by the defendant. She had to repay Rs.90,000/- which was a hand loan taken by her husband. They have also taken a joint loan for an amount of Rs.2,50,000/- and they had agreed to repay the same by monthly instalments. Since the defendant did not remit any monthly instalments as promised, she had to clear the liability.