AJIMOL P.R. Vs. ANJU SATHEESH

JUDGEMENT

(1.) Petitioner, the wife in O.P. No. 1518 of 2011 before the Family Court, Kottayam, challenges the impugned order dated 12.07.2013 by which it dismissed her original petition in part. The respondents in the original petition are husband, his parents and brother. She claimed in the original petition return of her gold ornaments, parental share, the household utensils and in the alternative the value thereof and also return of her degree certificates with alternate relief for compensation. The court below by the impugned order allowed the petitioner to recover Rs.50,000/- from the respondents towards parental share in lieu of Rs.5,00,000/- claimed and another amount of Rs.50,000/- towards compensation for causing loss to her degree certificates.

(2.) O.P.No.1518 of 2011 was tried along with O.P.No.1284 of 2011 filed by the 1st respondent, husband for dissolution of their marriage, taking up the latter petition as the main case. Short facts in the pleadings presented by the parties before the court below are narrated below:

(3.) Appellant was married to the 1st respondent on 13.11.2005. Parties are members of Cheramar community. Appellant is a graduate in B.Sc. and B.Ed. Her case is that on 23.10.2005, when the engagement was conducted, her father entrusted an amount of Rs.5,00,000/- with the respondents 1 to 3 as her parental share on an understanding that the amount would be kept in trust for her. At the marriage, she was adorned with 19? 1/2 sovereigns of gold ornaments. In addition to this, household utensils worth Rs.63,550/- were also presented to her soon after the marriage. But without her consent, the parental share given for her benefit was utilised by the respondents 1 to 3 for renovating their building. On 02.03.2009, when she returned from school where she was working as Teacher, she was brutally manhandled by respondents 1 to 3 compelling her to part with her gold ornaments to the 3rd respondent, the mother-in-law for pledge. She resisted the demand but finally her husband forcibly took a three sovereign bangle and gave to his mother. The 3rd respondent soon thereafter snatched away a thali chain also which she was wearing. These ornaments were not returned by the respondents.