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2025 Supreme(Online)(KER) 5573

HIGH COURT OF KERALA
Sathish Ninan, Shoba Annamma Eapen, JJ
BINDHIYAS – Appellant
Versus
SHARAFUDHEEN – Respondent


Advocates:
ADV SRI.K.K.MOHAMED RAVUF, ADV SRI.C.M.KAMMAPPU

JUDGMENT

Sathish Ninan, J.

Challenging the dismissal of the original petition for patrimony and gold, the wife is in appeal. The 1st respondent is the husband and the 2nd respondent is his mother.

2. The marriage between the parties was solemnised on 24.06.2000. According to the wife, at the time of marriage, she was provided with 72 sovereigns of gold ornaments and an amount of Rs.2,00,000/- as patrimony. After the marriage, the gold ornaments and the money were kept with the respondents. Even as against the permission of the wife, the husband sold away the gold ornaments and utilised the money. The wife was expelled from the matrimonial home on 02.03.2009. She claims return of patrimony and gold ornaments.

3. The husband denied the claim that the wife was provided with 72 sovereigns of gold ornaments and Rs.2,00,000/- as patrimony. He also denied the allegation that the same were utilised by him. It was contended that, at the time of marriage the wife had 25 sovereigns of gold ornaments, which were always with her.

4. The Family Court disallowed the claim and hence, the wife is in appeal.

5. We have heard the learned counsel on either side.

6. The points that arise for determination are

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