BINOY MOHAN MATHEW Vs. DIVIYA PHILIP

JUDGEMENT

(1.) This appeal has been filed by the respondents in O.P.No.892/2012 of the Family Court, Muvattupuzha. The original petition is filed by the respondent herein seeking return of gold ornaments and money. The Family Court directed appellants to pay an amount of Rs.18,27,095/- with 6% interest from date of petition till realisation. Petitioner was allowed to receive the key of locker K12 of the SBI, NRI branch, M.G. Road, Ernakulam and she was allowed to collect items 1 to 4 in Ext.C2 inventory. Petitioner was also allowed to realise the value of items 3, 5, 6 & 8 in B Schedule from the respondents as on the date of judgment with 6% interest from the date of petition till realisation.

(2.) The short facts of the case are as under and the parties are described as shown in the original petition unless otherwise stated:

(3.) The respondents filed their objection denying having received Rs.15,00,000/- on 3.9.2008. it is stated that on 31.8.2008, the first respondent's sister Ann Mary got married and they were staying at the residence of her husband. On 3.9.2008, they had gone to bring back Ann Mary and her husband to their house. Though the petitioner had certain ornaments at the time of marriage he was not aware of the exact quantity and not sure whether they were gold ornaments. He further contended that he had not seen his wife wearing any diamond at the time of marriage. On the very same day of marriage the 1st respondent advised her to keep all the ornaments in the bank locker of SBI, NRI branch, Ravipuram, Ernakulam. On 15.9.2008 they went to the bank and except the ornaments for day-to-day wearing, balance were kept in the Bank. One gold chain gifted by the sister's husband of the 1st respondent and 1 bracelet gifted by his father's younger brother were also kept with her ornaments. The 1st respondent gave her the key of the locker J-15 on 17.9.2008 to the petitioner and on that day both of them went to the bank, opened the locker and took the long broad chain which was later exchanged at Alappat jewellery. After 7.10.2008, they never operated the locker. As far as articles described in E schedule is concerned the same was purchased by the 1st respondent with his money which the petitioner has no right.