K. RAMAKRISHNAN, J.

1. The second defendant in O.S. No. 233/2000 on the file of the Family Court, Kollam is the appellant herein. The suit was filed by the first respondent herein for return of money and also gold ornaments, in the alternative, value of the gold ornaments and return of fridge or in the alternative, the value of the same which were said to have been entrusted to the defendants and utilized by them.

2. The case of the plaintiff in the petition was that the first defendant is the husband of the plaintiff and second defendant is her father-in-law. The marriage between the first defendant and the plaintiff was solemnized on 12.11.1996 at Mamoodu A.S. Auditorium as per Hindu custom. The plaintiff is a B.Sc. & BEd. degree holder. She has no capacity to procure children. She had no other physical, mental or sexual incapacity. She had made a matrimonial advertisement in the newspaper seeking for marital alliance stating these facts and fully knowing about these facts, the first defendant came forward to marry her. It is also alleged in the plaint that, at the time of marriage proposal itself, the first defendant informed that his procreation capacity is less and it