KATHAVARAYANAN ALIAS KUPPUSAMY Vs. KALAIARASI

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree made in O.S.No.31 of 1992 dated 03.01.1995 on the file of the Family Court, Pondicherry.

(2.) THE appellant herein was the defendant in the suit before the Trial Court. It is not in dispute that the appellant is the father of late Murugaiyan, husband of the respondent/plaintiff. THE said Murugaiyan had married the respondent herein on 21.11.1998, at Pondicherry and on 30.08.1991 he died. According to the respondent, subsequently she was driven out of her matrimonial home by the appellant, on 15.09.1991. However, her Sreedhana properties, insurance policies and the bank pass books kept in the matrimonial home were not returned to the respondent. Based on the above pleadings the respondent had filed the suit, seeking a decree directing the appellant to deliver 'B' and 'C' schedule of properties described in the plaint whichever presented as Sreedhana properties at the time of her marriage and also to direct the appellant to return the 'C' schedule properties or its value that were pledged by Murugaiyan. THE appellant as defendant, disputed the claim of the respondent.

(3.) ACCORDING to the respondent/P.W.I at the time of her marriage, she was given with the 'B' and 'C' schedule of properties. During the life time of her husband Murugaiyan he had pledged her jewels for constructing the house. However, she was not allowed to stay in the house of the appellant, but driven out of her matrimonial home by the appellant, by using filthy language against her. Though she had asked the appellant to return the 'B' and 'C' schedule properties, he refused to return the same and she came to know that the jewels pledged by her husband were also redeemed by the appellant. However, he refused to return the same to the respondent. Hence, the respondent issued legal notice for the return of Sreedhana properties. In spite of the legal notice the Sreedhana properties were not returned to her.