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2010 Supreme(Ker) 560

R.BASANT, M.L.JOSEPH FRANCIS
Bexy Michael – Appellant
Versus
A. J. Michael – Respondent


Advocates appeared:
For the Petitioner:Jawahar jose, Cissy Mathews, Advocates. For the Respondent:R1, Suresh Kumar Kodoth, Advocate.

Judgment :

What is the nature, extent and quality of evidence which a prudent person would expect and demand in the facts and circumstances of the case to come to a safe conclusion about ornaments and cash which had changed hands at the time of marriage? This is the crucial question, the answer to which must resolve the controversy in this appeal.

2. The parties are divorced spouses now. Their marriage took place on 6/9/03. The spouses started separate residence on 28/11/06. A girl child aged about 5 years on the date of the petition was born in the matrimony. It was an acrimonious marriage. The husband filed an application for divorce as O.P.No.117/07. The wife evidently did not think it worthwhile to fight in a court of law to salvage the marriage. She instead came to the Family Court with O.P.No.195/07 with a claim for return of money and gold. Be it noted that at that time the petition for divorce was also pending before the Family Court.

3. The contention of the wife, to put it in a nutshell, is that an amount of Rs.3 lakhs and 50 sovereigns of gold ornaments had changed hands at the time of marriage. Of this, she had taken back 40 sovereigns and 10 sovereigns were remaining in





























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