FINBE BABY Vs. JEENA GEORGE

JUDGEMENT

(1.) These appeals and cross objection arise out of common order dated 10.11.2008 in O.P.No.58/2007 and 519/2007 of the Family Court, Kozhikode. Both the appeals are filed by the respondents.

(2.) O.P.No.58/2007 has been filed by the wife against her husband and his parents for realisation of gold ornaments, money and articles. The court below allowed the claim and directed return of 64 sovereigns of gold ornaments or its market value of Rs.5,12,000/- with 6% interest from the date of petition till realisation and a further decree is also passed for realising Rs.1,60,896/- from the 1 st respondent or his assets and Rs.5,000/- and Rs.16,100/- being the value of articles mentioned in 'B' and 'C' schedules. O.P.No.519/2007 has been filed seeking for a declaration that the Godrej almirah worth Rs.15,800/- purchased by petitioner's father and given to her on 30.12.2006 exclusively belongs to her and also to restrain the respondents from taking the almirah from her possession. The Family Court decreed the same as mentioned above.

(3.) Learned counsel for the appellants submits that there is no ground to direct return of gold ornaments and money and even the declaration sought for was unwarranted. First we shall consider the respective contentions of the parties which are basically common.