ORDER :

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order as made in I.A.No.3 of 2022 in F.C.H.M.O.P.No.27 of 2020 dated 22.11.2022 on the file of the Family Court, Dharmapuri.

The Civil Revision Petition is filed against the Fair and Decreetal order passed in I.A.No.3 of 2022 in F.C.M.C.O.P.No.27 of 2020 dated 22.11.2022.

2. The marriage between the petitioner/husband and the respondent/wife was solemnised on 22.04.2018 as per Hindu Rites and Customs. One male child was born from and out of the wedlock between the petitioner and the respondent and is now with the custody of the respondent's mother. Due to misunderstanding, the petitioner and the respondent are living separately.

3. The revision petitioner/husband filed F.C.H.M.O.P.No.27 of 2020 for Restitution of Conjugal Rights. In the said petition, the respondent/wife filed Interlocutory Application in I.A.No.3 of 2022, seeking the revision petitioner to return all the property given by respondent's parents at the time of marriage as Sridhana. As per the petition filed by the respondent/wife, it is stated that the respondent's parents totally gifted 27 sovereigns to her and the parents of the revision petitioner had pledged the same and received money. After the birth of the child, the petitioner suspected the character of the respondent/wife and ill-treated her and abused her in filthy language. After filing of restitution of conjugal rights petition, the revision petitioner/ husband deserted respondent/wife for about 2½ years and he stayed at Coimbatore and the respondent/wife in her petition has stated that the revision petitioner is having illegal intimacy with another woman. Thus, the respondent/wife admitted the child in Vijay Vidhyalaya School, Dharmapuri and the educational expenses of the child, as of now is met out by the parents of the respondent/wife, who all are aged persons. The revision petitioner/ husband admitted that he is having 10 sovereigns of jewels belongs to the respondent/wife, even that has also not been returned back and other articles including personal belongings of the respondent/wife namely lenovo laptop, Titan Watch, Sonata Watch, TNPSC Study materials etc., are also lying with the custody of the revision petitioner/husband.

4. The revision petitioner/husband before the Trial Court objected the said contention by stating that the respondent/wife and her mother requested the revision petitioner/husband to pledge the jewels in the bank and accordingly, he pledged the jewels and gave that money to the respondent/ wife.

5. It is contended that at the request of the respondent/wife and her mother, the jewels were pledged and the money was handed over to the respondent/wife. The revision petitioner is taking steps for re-union and therefore, the petition is to be dismissed.

6. The Trial Court considered the grounds raised by the parties and made a finding that the revision petitioner/husband has admitted that he has pledged two chains weighed about 10 sovereigns in the bank and gave money to the mother of the respondent/wife.

7. In the cross-examination, the revision petitioner/husband has admitted that 10 sovereigns of jewels belongs to the respondent/wife is in his custody. The respondent/wife had been thrown away from the revision petitioner's house and the revision petitioner/husband has treated her with cruelty, according to the averments in the petition.

8. Considering the totatility of the facts and circumstances, the Family Court, Dharmapuri allowed the petition in the interest of justice and directed the revision petitioner/husband to hand over the articles mentioned in the petition within a period of one week to the respondent/wife. Challenging the said order, the present Civil Revision Petition is filed.

9. The revision petitioner/husband has not raised any new ground for further adjudication except by stating that the jewels were pledged as per the instructions of the respondent/wife