A court may adjust asset return amounts in family disputes based on evidence and fairness, especially where ownership is challenged.

JUDGMENT

A.M. SHAFFIQUE, J.

This appeal arises out of the judgment in O.P.

No.1299/2013 on the file of the Family Court, Attingal. The original Petition has been filed by the first respondent herein, seeking return of gold ornaments and for maintenance. The appellant herein is the mother of the first respondent.

2. The parties are hereinafter referred to as in the Original Petition unless otherwise stated. The petitioner married the 1st respondent on 12.02.2005, as per Hindu religious rites and ceremonies. It is contended that at the time of marriage, she was adorned with 50 sovereigns of gold ornaments and on the date of the marriage itself, according to her, she entrusted 45¾ sovereigns of gold ornaments with the 2nd respondent, who is the mother of the 1st respondent/husband. She never saw the gold ornaments thereafter. After the marriage, first respondent went abroad and though he came back after eleven months, he took the petitioner to her house and later, there was a demand for money and more gold. Since the petitioner's parents were not able to provide with the said amount or the gold ornaments, he deserted her. In order to claim the gold ornaments that had been appropriated by the respondents, above petition is filed.

3. Respondents denied the allegations. A counter claim was also raised by the respondents seeking to return the gold ornaments, watch, camera etc., given by them to the petitioner. During the pendency of the Original Petition, second respondent stated that she is withdrawing the status as power of attorney holder and she does not want to act as the power of attorney holder of her son, the 1st respondent and she alone contested the matter.

4. Before the Family Court, evidence consists of the oral testimony of PW1 and PW2 on the side of the petitioner. CPW1 and CPW2 were examined on the side of the respondents. Exts.A1 to A4 and Exts.B1 to B7 documents were relied on.

5. The Family Court, after considering the respective contentions raised by the parties, came to a conclusion that it is not possible to arrive at a just decision regarding the quantity of gold ornaments allegedly entrusted to the 2nd respondent and the evidence was not enough to mulct such a liability on the respondents. The Family Court, however, directed the respondents to return 15 sovereigns of gold ornaments or its market value as on the date of realisation. A separate award was also passed directing the 1st respondent to pay maintenance at the rate of Rs.2,500/-( Rupees two thousand and five hundred only) per month to the petitioner from the date of petition.

6. As far as the award of maintenance is concerned, definitely, the petitioner is entitled to claim maintenance. So far, there is no divorce between the couple and in so far as the 1st respondent is an able bodied person, he is liable to maintain his wife and therefore the Family Court directed payment of Rs.2,500/- as maintenance in favour of the petitioner.

7. As far as the liability to return of 50 sovereigns of gold ornaments is concerned, the appellant/2nd respondent contends that she has no obligation to return the said gold ornaments in so far as she had not appropriated any of the gold ornaments. Her contention is that petitioner herself was keeping her gold ornaments and the 2nd respondent was not aware as to the quantity of the gold even at the time of marriage. It was also contended that petitioner's father was not having the financial capacity to raise the money for purchasing such quantity of gold ornaments as alleged and he had no source to acquire the same. Father of the petitioner was examined as PW2. He gave evidence stating that he had taken a loan from the bank after mortgaging his property and he had obtained some money from his relatives. But, no such evidence is forthcoming and therefore, the petitioner was unable to prove the resources.

8. The contention raised by the respondents is that since the petitioner did not have any source to raise the money to purchase the