GIRISH GOPINATH Vs. SILLY.V.K.

JUDGEMENT

(1.) Respondents in O.P.No.74 of 2007 before the Family Court, Ernakulam challenge the order dated 10.09.2012, allowing the original petitioner to recover 100 sovereigns of gold ornaments or in the alternative, its present market value and also petition 'B' schedule household articles or in the alternative, its value of Rs.40,000/- from them. However, original petitioner's claim for recovery of Rs.80,000/- alleged to have been entrusted with father of the 1st respondent was dismissed. The petitioner, who is the respondent in this appeal, however, has not challenged that part of the order before us.

(2.) The appellants are brother and sister. The 1st appellant married the sole respondent, who is the original petitioner, on 07.06.2004 in accordance with religious rites of Hindus. They have no issues out of the wedlock.

(3.) The respondent's case is that when she was given in marriage, her parents adorned her with 100 sovereigns of gold ornaments. After marriage, according to the custom among Hindus, her parents presented the 1st appellant with household utensils. Her case is that, immediately after the marriage and before the 1st appellant leaving for Gulf where he was employed, he demanded her entire gold ornaments to be entrusted with him, which she obliged. He entrusted those ornaments with his sister, the 2nd appellant and he left for Gulf after 20 days of marriage. It is alleged that the matrimonial relationship began to strain, when daughter by name Usha, of maternal uncle of the 1 st appellant, who was staying in the matrimonial house, created problems. The spouses separated on 12.02.2006 in connection with an incident which led to suspecting the 1st appellant as maintaining illicit relationship with the said Usha. It is contended by the respondent that, when the 1st appellant came on leave on four occasions within the span of 1 1/2 years before separation, she was pressurised to pledge her ornaments for paying telephone, electricity and insurance charges incurred by the 1st appellant and also discharging the loan liability incurred by Usha in connection with construction of her house. She was subjected to physical assault when she resisted the demands. She accordingly, gave 12 1/2 sovereigns to the 1 st appellant's maternal aunt, who pledged the ornaments for Rs.37,000/ with State Bank of India, Kulangara branch. The 1st appellant also pledged her ornaments, exceeding 10 sovereigns with State Bank of India, Kulangara Branch for his purposes. One sovereign of bangles were pledged by the cousin of the 1st appellant with Cherambilly bankers 19.10.2005. Many of the ornaments were similarly taken from her and pledged with other banks also by the 1st appellant, the names of which the respondent is not in a position to locate. On 12.12.2006, when the respondent questioned the illicit relationship with Usha, she was locked in a room and 40 sovereigns of gold ornaments kept in the bedroom of the spouses were taken by the 1 st appellant and given to the 2nd appellant. She was manhandled and expelled from the house. Immediately thereafter she filed original petition for divorce and initiated criminal proceedings also. She also alleges that a sum of Rs.80,000/- was given by her father to the 1st appellant on his demand and she wants to recover the said amount also from him in this proceeding, besides her claim for recovery of gold ornaments of 100 sovereigns and also 'B' schedule household utensils or their value in the alternative.