Shaffique, J.

1. The petitioner in OP No.309/2006 is the appellant. The OP has been filed for return of gold ornaments or its value and for return of money. The Family Court partly allowed the claim against which the petitioner had preferred the appeal. 1st respondent had preferred a cross objection against the portion of the claim, which was decreed against him.

2. The short facts arising in the matter are as under and the parties are described as shown in the Original Petition unless otherwise stated. Petitioner and the 1st respondent married on 28/1/1999 as per Christian religious rites and ceremonies. It is stated that at the time of negotiation of the marriage itself, petitioner's parents had offered to pay Rs. 12 lakhs and 125 sovereigns of gold as her share out of the parents assets. The money and gold had been handed over to the respondents. However, the marriage did not succeed and they were living separately since 27/4/1999.

3. The respondent in his objection denied having received Rs. 10 lakhs by way of a cheque and contended that the said amount was utilized for purchasing a property in their joint names. He denied having received Rs. 2 lakh as cash nor having re