SREEJIMON C P Vs. ASHA RAJAN

JUDGEMENT

(1.) The appellants are respondents in OP No.611/2002 on the files of the Family Court, Ettumanoor and respondent herein is the petitioner in the said original petition. The first appellant and the respondent are wife and husband respectively. The aforesaid original petition was filed by the respondent herein seeking for a decree to realise Rs 25, 000/- with 18% interest till the realisation of the said amount and 176 grams of gold ornaments or its present market value from the respondent and Rs 3, 00, 000/- as damages from the respondents. The second appellant is the father of the first appellant. The parties are referred to as in the original petition.

(2.) According to the averments in the petition, at the time of marriage, the parents of the petitioner entrusted 176 grams of gold ornaments to the respondents and they are keeping the same with them and the petitioner apprehends that the same had been misappropriated by them to meet their personal needs. When she demanded the ornaments, the respondents refused to return the same. That apart, the parents of the petitioner had spent Rs 25, 000/- for conducting the marriage. So the respondents are liable to return 176 grams of gold ornaments or its value and Rs 25, 000/- spent to meet marriage expense and Rs 3, 00, 000/- as damages.

(3.) The respondents filed written statement denying the entrustment of 176 grams of gold ornaments and Rs 25, 000/- with them. But admitted that in connection with the marriage, the petitioner was given 15 sovereigns of gold ornaments and first respondent was given Rs 10, 000/- as patrimony. Further it is contended that out of 15 sovereigns of gold ornaments, the father of the petitioner has taken away 5 sovereigns of gold ornaments for discharging his debt and the petitioner has given 8 sovereigns of gold ornaments to her sister in connection with her marriage and the remaining gold ornaments were with the petitioner at the time when she went to her parental house.