JOJAN ABRAHAM Vs. SHEEBA

JUDGEMENT

(1.) This appeal is filed by the respondent in O.P.797/2009 of the Family Court, Kottayam. The OP is filed by the wife/respondent herein claiming return of gold ornaments and money, which was decreed in part by the Court below.

(2.) The short facts of the case are as under and the parties are described as shown in the Original Petition unless otherwise stated. The petitioner and the respondent got married on 27.9.2001 and a male child was born in the wedlock on 3.5.2005. Petitioner's case is that at the time of marriage she was given 50 sovereigns of gold ornaments and Rs 1,00,000/- as parental share. The entire gold ornaments and money had been appropriated by her husband. She also had a case that 20 sovereigns of gold ornaments of her sister were also taken by the respondent. That apart, money belonging to the petitioner had been deposited in the joint account of the parties at SBT Kooropada branch and the said amount comes to Rs 1,23,000/-. According to her, on account of his cruelty and torture, she was unable to live with the respondent and she had to come back to the parental house. The husband has also filed O.P.65/2010 for divorce on the ground of cruelty and desertion which was already dismissed and confirmed by this Court by judgment in Mat.Appeal 817/2010.

(3.) The respondent denied having received any amount and according to him she had only 10 sovereigns of gold ornaments. Common evidence was taken in the case and from the petitioner's side PWs 1 to 6 were examined and on the side of the respondent RW1 was examined. Exts.A1 to A3 and B1 to B3 and Ext.X1 were the documents marked.