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2025 Supreme(Ker) 553

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, SHOBA ANNAMMA EAPEN, JJ.
Bennet Joseph S/o. Joseph – Appellant
Versus
Biya Bennet D/o. Joseph – Respondent


Advocates:
Advocate Appeared:
For the Appellant : BY ADV SRI.JOHN JOSEPH(ROY)
For the Respondent: BY ADVS. A.PARVATHI MENON KIRAN NARAYANAN(K/000131/2018) KOSHY ABRAHAM(K/002429/2022) MEERA R. MENON(K/002575/2023)

JUDGMENT :

SHOBA ANNAMMA EAPEN, J

Mat.Appeal No.307 of 2014 is filed by the husband and his father and Mat. Appeal No.927 of 2014 is filed by the wife. Both the appeals arise from the judgment dated 04.01.2014 in O.P.No.1296 of 2006 on the file of the Family Court, Ernakulam.

2. The original petition was filed by the wife claiming 41 sovereigns of gold ornaments, Rs.6,00,000/- as patrimony and other household articles, given to the husband. The Family Court had granted a decree permitting the wife to recover 41 sovereigns of gold ornaments or its present market value from the husband, and also directed to handover the teakwood almirah to the wife, but declined the prayer for money and other household articles. Aggrieved by the judgment, the husband and the wife have come up with the respective appeals.

3. For the sake of convenience, the parties are referred to as ‘husband’ and ‘wife’.

4. The marriage between the parties was solemnized on 04.05.2002 and a girl child was born in their wedlock on 01.04.2003. According to the wife, on 06.04.2002, the respondents, who are the husband and the father-in-law were entrusted with Rs.5 lakhs as patrimony; and 41 sovereigns of gold ornaments on th

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