LAWS(KER)-2019-11-28

BOBBY M.R. Vs. A.A.GOPI

Decided On November 04, 2019
Bobby M.R. Appellant
V/S
A.A.Gopi Respondents

JUDGEMENT

(1.) These two appeals arise from the matrimonial dispute between the couple who are parties herein.

(2.) O.P.No.178 of 2012, from which Mat.Appeal No.331 of 2013 has arisen, has been filed by the wife and minor daughters claiming return of gold ornaments and money. Mat.Appeal No.589 of 2014 has been filed by the husband challenging an order passed in O.P.No.136 of 2012 to the extent of a direction to pay, permanent alimony at Rs.50,000/- per year to the wife. The short facts of the case are as under and the parties are described as shown in the original petitions unless otherwise stated.

(3.) In O.P.No.178 of 2012, the wife had filed a petition claiming return of 90 sovereigns of gold ornaments and Rs.2 lakhs. They got married on 20.6.1999 as per the Hindu religious rites and ceremonies. Two children were born in the wedlock. It is stated that for various purposes, all her gold ornaments were appropriated by the husband. That apart, 9 sovereigns of gold ornaments which were received by her as gift from her relatives were also misappropriated. The children together had 15 sovereigns of gold ornaments which were also taken away by the husband. The respondent/husband denied the allegations. According to him, he had not appropriated any of her gold ornaments at any point of time. He had also not received any amount as her parental share. The case was jointly tried with O.P.No.136 of 2012 filed by the wife claiming divorce on the ground of cruelty and desertion and also permanent alimony. Common evidence was taken in the case. On behalf of the petitioner, PWs.1 to 4 were examined. The respondent/husband was examined as RW1. Exts.A1 to A7 were the documents relied upon.