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2018 Supreme(Online)(KER) 59930

HIGH COURT OF KERALA
A.M.SHAFFIQUE, P.SOMARAJAN, JJ
GRACY KOSHY WO M A KOZHY MOOZHIYIL – Appellant
Versus
SINI GOERGE – Respondent


J U D G M E N T

Shaffique, J.

This appeal has been filed challenging judgment dated

5/7/2010 in OP No. 171/2009 by which the Family Court allowed the claim in part in favour of the petitioner/wife granting a decree for recovery of `5 lakh with interest at the rate of 7% from the date of suit along with 60 sovereigns of gold ornaments or its approximate value of `8 lakhs with 7% interest and `25,000/- as value of movable items from respondents 1 to 3.

2. The short facts that have arisen in the matter are as under. Parties are described as shown in the Original Petition.

Petitioner had filed OP No.174/2009 for divorce and OP No.171/2009 for return of gold ornaments and money. Common evidence was taken in the case and by a common judgment dated 5/7/2010, the Family Court granted divorce and also decreed the money claim in part. The marriage of the parties was solemnized on

26/1/2004. According to the petitioner, an amount of `7 lakhs and 75 sovereigns of gold ornaments were given as the share of the petitioner at the time of marriage, out of which `5 lakh was given on the betrothal day and remaining `2 lakh was given as Fixed Deposit after six months. At the time of marriage, respondent was

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