CHELAPURATH THAZHE KUNIYIL SALEENA Vs. P K AMMAD

JUDGEMENT

(1.) This appeal has been filed by the respondent/wife challenging the judgment dated 27.7.2011 in O.P.No.240 of 2011 of the Family Court, Vatakara.

(2.) The original petition was filed by the husband/respondent herein inter alia contending that the couple got married as per the Muslim rites and ceremonies on 5.3.1991. The property which is scheduled in the petition was purchased by the petitioner/husband as per the Jenmam assignment deed dated 4.5.2011 of Sub Registry Office, Kallachi. He had also constructed a building in the property. According to him, respondent and her parents are residing in the adjacent house. There was some dispute between the parties and ultimately he had put an end to the matrimonial relationship with the respondent/wife and he sent a letter proclaiming 'talaq' on 20.7.2004. The respondent, however, instituted a suit for injunction against the brother and mother of the petitioner to restrain them from entering into the plaint schedule property. On account of the claim made by the respondent, the petitioner filed a suit seeking recovery of possession of the petition schedule property from the respondent on the strength of title.

(3.) The respondent denied the allegations. According to her, the property was purchased with the funds given by her father and no money was spent by the petitioner. Before the Family Court the petitioner relied on Exts.A1 to A5 documents and two witnesses were examined as PW1 and PW2. The respondent relied upon the oral testimony of RW1 and RW2, and Exts.B1 and B2 documents.