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1993 Supreme(Ker) 16

VARGHESE KALLIATH, NARAYANA KURUP
Chacko – Appellant
Versus
Annamma – Respondent


Judgment :-

Varghese Kalliath, J.

These two appeals come up before us on a reference by a learned single judge of this Court. Both these appeals arise from one suit - O.S.No.144/81. It was filed by the wife against her husband. S.A.No.827/85 is by the husband and S.A.No.777/86 is by the wife.

2. The wife instituted the suit against the husband for recovery of the amount of stridhanam and ornaments received by the husband on the occasion of her mamage. She also claimed maintenance from the husband.

3. The trial court found that the wife is entitled to a decree for recovery of an amount of Rs.3,000/- and jewels of 10 sovereigns. The claim for maintenance was disallowed. Both husband and wife preferred appeals before the lower appellate court. Defendant/husband challenged the decree allowing recovery of Rs.3,000/- and the jewels. Plaintiff/wife challenged that part of the decree refusing to award maintenance.

4. The court below considered the appeals together and passed a common judgment. The court below allowed both the appeals thereby plaintiff's prayer for maintenance was allowed, but the prayer for recovery of Rs.3,000/- and the jewels or its value was refused. Both husband and wife f










































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