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2014 Supreme(Online)(KER) 29746

HIGH COURT OF KERALA
ANTONY DOMINIC, BABU MATHEW P.JOSEPH, JJ
JOSHI – Appellant
Versus
SANDHYA – Respondent


Advocates:
SRI.T.M.ABDUL LATHEEF, SMT. MIJI JOHN, SRI.P.HARIDAS

J U D G M E N T

Antony Dominic, J.

These appeals are filed by the parties to OP No.766/04 on the file of Family Court, Thiruvalla. OP No.766/2004 was filed by the appellant in MA No.729/07, the wife, claiming recovery of an amount of `8,60,000/- towards the value of gold ornaments and money paid to the appellants in MA No.707/07, the husband and his father.

2. Before the Family Court, respondents in the OP raised a counter claim for return of `1,60,000/-. The Family Court by the impugned judgment negatived the monetary claim of the wife as also the counter claim of the husband and his father and upheld the wife's claim for return of the value of 90 sovereigns of gold ornaments. It is this judgment which is under appeal by both sides.

3. The marriage between the couple was solemnized on

20/1/2002 in accordance with the customary rites and in the wedlock, a male child was born on 2/12/2002. According to the wife/petitioner, during negotiations for the marriage, her father had given an amount of `1,00,000/- to the 1st respondent in the OP and at the time of marriage, she was also given gold ornaments weighing 101 sovereigns. It is also stated that an assurance to give 1 acre of property

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