SHYJU Vs. SAVITHA

JUDGEMENT

(1.) The appeal is filed by the 1 st respondent in O.P.No.1416 of 2007 challenging the judgment dated 26.7.2012, by which direction had been given to the appellant to return 30 sovereigns of gold ornaments or Rs.6 lakhs being its value with 6% interest till realisation. The short facts of the case are as under and the parties are described as shown in the original petition unless otherwise stated.

(2.) The petitioner and the 1st respondent got married on 12.5.2006. On account of matrimonial issues, they are living separately. According to the petitioner, at the time of marriage, she was adorned with 64 sovereigns of gold ornaments and Rs.1 lakh was paid as parental share. According to her, the entire gold ornaments and money had been appropriated by the respondents. The 1st respondent filed his objection. Having admitted the marriage, he contended that the parties had divorced as per order dated 4.11.2008. He denied that the petitioner was having 64 sovereigns of gold ornaments. According to him, she was adorned only with 30 sovereigns of gold ornaments, but he had not taken it for any purpose. He also denied having received any amount. The evidence in this case consisted of oral testimony of PWs.1 and 2 on behalf of the petitioner and the power of attorney holder of the 4th respondent was examined as DW1. Exts.A1 to A3 and Ext.B1 are the documents relied upon.

(3.) Though PW2 has given evidence stating that in the Register maintained by SNDP Sakha, the quantity of gold ornaments adorned by the bride was shown as 64 sovereigns, since the said quantity was not admitted by the respondents and there was some disparity in the writings in the Register maintained by the SNDP Yogam, the Family Court found that it will be appropriate to treat the admitted quantity of gold ornaments as belonging to the petitioner. Petitioner in her evidence had stated that the entire gold ornaments had been appropriated by her husband. The Family Court found that there is no evidence to prove payment of Rs.1 lakh and appropriation of household articles worth Rs.24,000/-. However, the Family Court directed return of 30 sovereigns of gold ornaments or its value of Rs.6 lakhs.