MUHAMMED ASIF Vs. SAJNA

JUDGEMENT

(1.) Order passed by the Family Court, Kozhikode in O.A.No.746 of 2011 allowing the original petitioner, wife to recover 93Â 1/2 sovereigns of gold ornaments or its value of Rs.19,65,500/-, in the alternative is challenged by the husband in this appeal. She, in addition, had also sought to recover a sum of Rs.1,00,000/- being the cash amount entrusted with the appellant but that part of the original petition was dismissed by the court below by the impugned order dated 10.04.2012. She has not sought to challenge the refusal of her money claim and it has attained finality.

(2.) The respondent/wife in this appeal was married to the appellant on 13.12.2009, as per Muslim religious rites. Her claim in the O.A. is that she was adorned with 101 sovereigns of gold ornaments at the time of marriage and further the cash amount of Rs.1,00,000/- was entrusted with the respondent to be held on her behalf. It is stated that while living with the appellant, 93Â 1/2 sovereigns of gold ornaments were taken by him from her possession and entrusted with his father for his real estate business. The cash amount was also mis-utilised by the appellant for his personal needs. When the appellant harassed the respondent demanding more gold and cash on repeated occasions, she filed a criminal complaint and started living separately from the respondent since 20.01.2011. Since he refused to return the gold ornaments taken and also account for the cash received, the original petition was filing seeking the aforesaid reliefs.

(3.) In the objection statement filed by the appellant, he contended that she did not possess 101 sovereigns of gold ornaments at the time of marriage. Entrustment of cash amount of Rs.1,00,000/- was also denied. He put up a definite case that whatever gold the respondent was wearing at the time of marriage remained still in her possession, as she took them away when she left his company.