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2025 Supreme(Ker) 1514

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P. KRISHNA KUMAR, JJ
Faziludeen, S/o.Thampikunju – Appellant
Versus
Sajeena, W/o.Faziludeen – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ADV LIJU. M.P
For the Respondent: SRI.AYYAPPAN SANKAR, SMT.K.P.SANTHI, SRI.SHAMMI VIJAYAN

JUDGMENT :

Sathish Ninan, J.

This appeal is by the husband, challenging the judgment in the Original Petition filed by the wife seeking recovery of gold, money and for maintenance.

2. Pending the appeal, the appellant-husband died. His parents, children and his second wife are impleaded as the additional appellants. The father is also now no more.

3. The marriage between the parties was solemnized on 23.12.1993. According to the wife, in connection with the marriage she was provided with 23 sovereigns of gold ornaments and an amount of Rs. 1 lakh as 'Acharam'. In connection with the marriage, she was also gifted with 40 cents of immovable property. The wife alleges that she was compelled by the husband to sell the property and that the entire gold and money were misappropriated by him. The original petition was filed for recovery of the same. There is also a prayer for maintenance at the rate of Rs. 5,000/- per month.

4. The husband denied the averments in the original petition. It was claimed that the wife had only 18 sovereigns of gold ornaments. The allegation of misappropriation, compulsion for sale of property etc. were denied.

5. The Family Court upheld the claim for gold and money

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