T ABDU RASAKH Vs. SALAMATH K

JUDGEMENT

(1.) The family court decreed the claim of the wife against her husband directing payment of Rs 2, 65, 400/- with 9% interest. The said decree is impugned in the appeal.

(2.) The case of the respondent (wife) who was the petitioner before the family court goes as follows: Her marriage with the appellant was solemnised on 17.1990. At the time of marriage the appellant was entrusted with Rs 50, 000/- as dowry. The respondent as bride wore 30 sovereigns of gold ornaments. Her 10 sovereigns of gold ornaments were taken and appropriated by the relatives of her husband who were impleaded in the petition before the family court as respondents 2 and 3. 19' sovereigns of gold ornaments of the respondent were taken by the appellant. He sold those ornaments and spent the sale proceeds to buy the share of his brother in a property. Later, the appellant had taken Rs 75, 000/- from the side of the respondent. The appellant used the amount for constructing his house. The respondent is entitled to get back her money and the value of her gold ornaments.

(3.) The appellant and his two relatives who were parties before the family court filed a joint counter-statement. The contentions go as under: The respondent did not have 30 sovereigns of gold ornaments. The appellant did not receive Rs 50, 000/- as dowry. He did not take or appropriate any money or ornament of hers. Rs 75, 000/- was also not paid to the appellant. Neither the appellant nor the other respondents before the family court had taken the gold ornaments of the respondent. The appellant purchased the share of his brother for a nominal amount.