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2023 Supreme(Ker) 1032

Rafeeq – Appellant
Versus
Sameera – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.Samsudin, Sri.M.Anuroop and Smt.S.K.Sreelakshmy, Alex.M.Scaria, Alen J. Cheruvil, Saritha Thomas, A.J.Riyas and Johnson Joseph
For the Respondent: Alex.M.Scaria and Saritha Thomas, Sri P Samsudin

JUDGMENT :

C.S. Sudha, J.

These appeals under section 19 (1) of the Family Courts Act, 1984 have been filed against the order dated 11/07/2019 in O.P.No.135/2016 on the file of the Family Court, Malappuram. O.P.No.135/2016 was filed by the petitioner/wife for return of gold ornaments and money alleged to have been given to the respondent/husband at the time of the marriage. Mat.Appeal No.976/2019 has been filed by the husband and Mat.Appeal No.387/2022, by the wife. The parties in these appeals will be referred to as described in O.P.No.135/2016.

2. There are four petitioners in O.P.No.135/2016. The first petitioner is the wife of the respondent and petitioners 2 to 4, their children. The marriage between the first petitioner and the respondent was solemnized on 14/07/1999 as per the rites and customs of the community to which they belong. At the time of marriage, the petitioner was given 15 sovereigns of gold ornaments and an amount of Rs.1 lakh which has been misappropriated by the respondent. The petitioner was subjected to cruelty by the respondent and his family at the matrimonial home. The respondent/husband took the petitioner to her house for delivery, thereafter, never turned

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