FAUSIYA Vs. SAKEER HUSSAIN

JUDGEMENT

(1.) Mat.Appeal Nos. 475/2010 and 129/11 arise from an order in OP No.69/09 of the Family Court, Malappuram. Mat.Appeal No.101/11 arises from the order in OP No.239/2009 and RP(FC) No. 28/2012 arises from the order in MC No.66/2009. Mat.Appeal Nos.101/11, 129/11 and RP(FC) No.28/12 are filed by the husband and Mat.Appeal No. 475/10 has been filed by the wife. All these cases were decided by a common order.

(2.) The parties are Muslims and they got married on 30/1/2003 and two children were born in the wedlock, who are petitioners 2 and 3 in MC No.66/2009. They are minors. On account of matrimonial issues, the couple are living separately. The claim by the wife was for return of gold ornaments, money and maintenance-past as well as future. Husband filed a case for restitution of conjugal rights. The Family Court partly allowed OP No.69/2009 and directed payment of past maintenance of Rs. 3,000/- to the first petitioner, Rs. 1,200/- to the 2nd petitioner and Rs. 800/- to the third petitioner for a period of five months, directed return of 103 sovereigns of gold ornaments or its value of Rs. 10,30,000/- with interest at the rate of 9% per annum from the date of filing the Original Petition. The claim for money has been disallowed. OP No.239/2009 filed for restitution of conjugal rights was dismissed. MC filed for future maintenance has been allowed by the very same rate fixed for past maintenance.

(3.) In Mat.Appeal No.475/2010, the wife claimed that she is also entitled for return of Rs. 11 lakhs which claim was rejected by the Family Court whereas the husband challenges the entire decree for return of gold ornaments, past as well as future maintenance.