LAWS(KER)-2019-7-9

RAJAN.N.P. Vs. LATHA RAJAN

Decided On July 09, 2019
Rajan.N.P. Appellant
V/S
Latha Rajan Respondents

JUDGEMENT

(1.) This appeal is against the judgment and decree of the Family Court, Muvattupuzha in O.P.No.84/2012 in so far as it allows the respondent to recover gold ornaments weighing 17.5 or its market value from the appellant. The parties to this appeal are the respondent and the petitioner respectively in O.P.No.1900/2009 before the Family Court, Ernakulam which was transferred to the Family Court, Muvattupuzha and renumbered as O.P.No.84/2012. Parties and proceedings are hereinafter referred to according to their status in the court below unless otherwise stated.

(2.) Facts in brief are herein below:- Petitioner and respondent belong to Hindu Nair Community and their marriage was solemnized on 14.6.1992 at Chottanikkara Devi Temple in accordance with the custom prevailing among the community. At the time of marriage, petitioner was adorned with 17.5 sovereigns of gold ornaments. Besides, an amount of Rupees one lakh was also given to the respondent. In the wedlock, two sons were born to them. Consequent to severe marital dispute, the petitioner and the children were residing for some time separately with the help of the society under the name and style 'Thanal'. Now the petitioner is residing with her brother. The petitioner claims an amount of Rs.1,92,500/- as the market value of 17.5 sovereigns of gold ornaments and a sum of Rupees one lakh from the respondent.

(3.) In the counter filed, the respondent contends that at the time of marriage there was a promise to deposit Rs.75,000/- in the name of the petitioner before the Service Co-operative Bank, Varapetty. According to him, 13 sovereigns of gold ornaments were purchased and the balance amount was in deposit. When the petitioner left his house, she had taken 98 gms. of gold ornaments and Rs.60,000/- with her.