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2022 Supreme(Ker) 149

A.MUHAMED MUSTAQUE, SOPHY THOMAS
Syamini S Nair, W/O. Sreekanth – Appellant
Versus
Sreekanth R S/O. Rajasekharan Nair – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sheji P.Abraham, Adv.
For the Respondent: Vinod Kumar Cr, Vinuchand, Anilkumar C.R., Advs.

JUDGMENT :

Sophy Thomas, J.

The questions arising for consideration in this appeal are, whether the Family Court was justified in granting the alternative relief alone without granting a decree for recovery of gold, and what shall be the crucial date for determining the value of gold, while granting the alternative relief of its market value, the date of purchase, date of petition, date of decree or the date of payment?

2. The appellants are the wife and children of the respondent. They are the petitioners in O.P.No.617 of 2016 on the file of the Family Court, Nedumangad. They filed that O.P for return of gold ornaments weighing 521.600 gms or in the alternative, its equivalent value, along with maintenance, past and future. The respondent/husband remained ex-parte. The Family Court, vide judgment dated 30.04.2021, decreed the O.P., allowing the first appellant to realise a sum of Rs.5,59,100/-towards value of 521.600gms of gold ornaments with interest at the rate of 6% per annum from the date of petition, along with maintenance to the appellants, both past and future. The appellants are challenging that judgment and decree with respect to relief No.1, awarding an amount of Rs.5,59,10

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