The main legal point established in the judgment is the misappropriation of gold ornaments and the grant of divorce on the ground of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act.

Shaffique, J.

Since both these appeals arise out of the common judgment dated 18/5/2015 in OP No. 655/11 and OP (HMA) 1137/2011 of the Family Court Kollam, they are heard and decided together.

2. Mat.Appeal No.785/2015 is filed against the judgment in OP No. 655/11 by the respondents and Mat.Appeal No.822/15 has been filed by the respondent in OP(HMA) No.1137/11.

3. For easy reference, parties to the marriage are referred to as husband and wife. OP No.655/11 was filed by the wife claiming return of gold ornaments and for recovery of money from the husband, who is arrayed as the 1st respondent and respondents 2 and 3, his father and mother.

4. The short facts arising in the case are as under:-

The parties got married as per customary rites and ceremonies of Hindu Ezhava community on 17/6/2001. The wife contended that at the time of marriage, she was given 107 sovereigns of gold ornaments and Rs.5 lakh was given to the husband on 30/5/2001. The said amount was deposited at SBT, Pathanapuram Branch in the account of the husband's father. It is alleged that after marriage, a demand was being made for more dowry and she was being harassed. According to her, she was driven out of the matrimonial home and thereafter she had given birth to a child on 4/10/2002. At the time when she had gone from the matrimonial home, she was in possession of only 20 sovereigns of gold ornaments and the remaining 87 sovereigns of gold ornaments were kept by the respondents in a locker in the joint name of husband's father and mother. She filed a suit as OS No.427/2003 for realisation of the misappropriated amounts and since the respondents undertook to return the gold ornaments, the suit was withdrawn. She also returned to her matrimonial home. It is said that they led a happy life for another 11 months. However, in December, 2007, the husband took away another 9 sovereigns of gold ornaments for meeting his personal expenses. It is alleged that his attitude changed and again he started harassing her and she was also manhandled. It is further contended that he was having an illicit relationship with one Smt. Omana and when questioned about the same, he behaved cruelly towards her and she was manhandled. She was driven out of the house on 22/2/2011. However, she returned to the matrimonial home, but the harassment continued and at last on 29/5/2011, she was again ousted from her matrimonial home. At that stage, this Original Petition is filed.

5. Respondents 1 to 3 filed objection disputing the contentions urged. The husband however admitted that he had received Rs. 5 lakhs. However, he said that the amount was returned as per the terms of mediation in OS No.427/2001. He also denied having taken any of the gold ornaments. It is contended that the 2nd respondent was employed in Gulf as Insurance Manager and their family was financially stable. The 1st respondent was working as a Higher Secondary School Teacher. Petitioner joined B.Ed Course after the marriage and the educational expenses were met by him. He also denied having appropriated any of the gold ornaments. Smt. Omana was a home nurse who had attended the 2nd respondent who was laid up due to Parkinson disease. She was ousted from the house by the petitioner alleging that she was having illicit connection with the 1st respondent. It is stated that the petitioner had on her own left the matrimonial home. The respondents therefore denied the liability to pay any amount or to return the gold ornaments.

6. OP(HMA) No. 1137/11 was filed by the husband seeking divorce on the ground of cruelty. It is contended that the wife used to lead an independent life without obeying the husband or his parents. His father got laid up due to Parkinsons disease. It is contended that the wife used to pick up quarrels for petty reasons and she used to call her colleagues and abuse him. She used to tell that she was in love with one Deepu who was residing near her house and her parents were against her love affair and