IMPORTANT POINT
The court held that the husband failed to prove the return of gold ornaments entrusted to him, affirming the wife's entitlement to recover 36 sovereigns based on the burden of proof principle.

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 the date of marriage. She also claimed that a teakwood almirah worth Rs.25,000/-; a fridge worth Rs.16,000/- and a mixie worth Rs.3,000/- were also given to the husband. She further contended that on 09.03.2003, when she was taken to her parental home for delivery, she had entrusted her gold ornaments with the respondents for safe custody. However, the husband sold the gold ornaments and misappropriated the sale proceeds. She alleged that she was treated with cruelty, both mentally and physically, demanding more dowry. Even after the birth of the child, the respondents prevented the wife from coming back to the matrimonial home stating that thefirst respondent’s brother, who is ailing from mental illness, was at home. Thereafter, due to the intervention of the relatives, she was allowed to return to the matrimonial home in January 2006. However, this reconciliation was conditional upon her paying the husband Rs.1 lakh. Despite this, she endured cruel treatment from her husband during her stay from January 2006 to August 2006. Her father-in-law made a complaint against her to the Sub Inspector, Erattupetta Police Station and further filed O.S.No.58 of 2006 before the Munsiff Court, Erattupetta and obtained injunction restraining her from entering into the matrimonial home. She was sent to her parental home in August 2006. Hence the wife filed original petition claiming return of gold ornaments, money and household articles.

5. The husband denied the receipt of Rs.5 lakhs as patrimony. According to him, the wife’s father had given Rs.3 lakhs as patrimony; and both parties decided to purchase gold ornaments with the afore amount. 41 sovereigns of gold ornaments were purchased for the wife and she wore the entire ornaments at the time of marriage. The husband alleged that the entire gold ornaments were in her custody. He also contends that while she returned to her parental home on 09.03.2003 for delivery, she had taken all the gold ornaments with her. The entrustment of the gold ornaments to the husband and his father is also denied. He had also denied the receipt of fridge and mixie. He admits that a teakwood almirah which was given to the wife is still in the matrimonial home and he is ready to return the same at any time. He also contends that the wife treated the husband with cruelty and she used to give complaints to the police alleging cruelty against his family members. He also denied the receipt of Rs.1 lakh on 09.01.2006, on account of reconciliation. He contended that during the early days of marriage, she was always quarrelsome by putting his family members and relatives in mental agony, stress, and strain. She always threatened them by saying that she will commit suicide and she used to sit idle in the room and used to sleep in the bathroom. He