K.HUSSAIN Vs. FASEEDA BEEGUM

JUDGEMENT

(1.) This appeal is filed by the respondent in O.P.No.1054/2010 of the Family Court, Kozhikode. The original petition was filed by the respondent herein claiming return of 54/ 1/2 sovereigns of gold ornaments and Rs.1,00,000/-. The Family Court granted as decree for 54/¼ sovereigns of gold ornaments. The learned counsel for the appellant submitted that there is no evidence to prove that the respondent had so much quantity of gold ornaments available with her at the time of marriage or thereafter.

(2.) In fact, the case put up by the petitioner/wife was that at the time of marriage she was adorned with 75 sovereigns of gold ornaments, out of which 45 sovereigns were taken away by the appellant on different occasions. He had taken the gold ornaments for his business purpose and it was sold. He misused the same and the amount was lavishly spent. She was also being ill-treated and ultimately she had to leave the matrimonial home on 22.8.2008. On the said date she was physically tortured and the remaining 30 sovereigns of gold ornaments were demanded from her. Therefore she had to flee from the matrimonial home with her child. She also contended that at the time of marriage Rs.1,00,000/- was given as parental share and therefore she claimed the amount back along with 54 1/2 sovereigns of gold ornaments.

(3.) Before the Family Court PW1 to PW3 were examined on behalf of the petitioner. RW1 was examined on behalf of the respondent. Exts.A1, A2, B1 to B4 and X1 are the documents relied upon. Ext.X1 evidenced that the Nikah was held on 4.11.2001, and is signed by PW1 and RW1 along with two other witnesses. The Kasi of the Mahal also signed it. In Ext.X1 it is noticed that the 'Mahar' was 9 ¼ sovereigns of gold ornaments which is given to RW1 by PW1. However, while being examined as RW1, the appellant has denied his signature in Ext.X1.