ALIKUNJU Vs. SOUDA

JUDGEMENT

(1.) The order passed by the Family Court, Ernakulam, in O.P.No.440 of 2007 is challenged by both the husband and wife in Mat.Appeal Nos.215 of 2012 and 429 of 2012 respectively. Even though O.P.No.440 of 2007 was tried along with other original petitions and a common order was passed on 18.2.2012, the subject matter of these appeals is confined to the correctness and legality of the decision taken by the Family Court in O.P.No.440/ 2007 alone. O.P.No.440 of 2007 filed by the wife was allowed only in part and her prayer for declaration of right over the petition scheduled land and building was refused. The reference to parties in these appeals herein below will be according to their ranks in Mat.Appeal No.215 of 2012 unless the context otherwise indicates.

(2.) The appellant married the respondent/wife on 3.7.1994. Three children were born out of the wedlock. The parties are Muslims and on the date of the original petition, their marriage had already been dissolved.

(3.) The respondent sought for an order of declaration in the court below to the effect that she is the absolute owner of the petition schedule 19 cents and the buildings constructed therein or in the alternative, for recovery of an amount of Rs.20,70,000/- being their value. Her case is that land and a small house in the property scheduled in the original petition were purchased by the appellant in his sole name under Ext.A1 sale deed dated 29.11.1994 with the sale proceeds obtained by sale of 24 cents of nilam owned by her as per Ext.B1 sale deed dated 28.7.1994. The said 24 cents were situated adjacent to the tharavad property of appellant and both these items were afterwards sold by them together under Ext.B2 sale deed dated 3.12.1994. It is contended that his mother objected to the property being purchased in the name of the respondent and therefore, he promised to purchase another piece of land in her name but failed. Respondent's father is stated to have helped her purchase 75 cents of land by virtue of Ext.A4 sale deed dated 30.12.1994 with the funds supplied by him. Adjacent to this property, appellant had also purchased 75 cents on the same day under Ext.B12 sale deed dated 30.12.1994. Later both these items of properties were sold as per Exts.A5 and A6 sale deeds even dated 2.6.1995 and Rs.15 lakhs being the share of sale consideration of respondent's property, was taken by the appellant for renovation as well as new construction of buildings in petition schedule property. No part of his fund was spent either for purchase of scheduled property or for putting up constructions therein. 10 sovereigns of gold ornaments belonging to her were also sold and the value thereof to the tune of Rs.70,000/- was also spent by the appellant in completing the constructions in the property. In the meantime, the relationship between the spouses strained and the respondent was divorced also. In the circumstances, she seeks for a declaration of title to the petition schedule property and also the buildings therein or in the alternative, for recovery of the value of property quantified to the tune of Rs.20,70,000/-.