IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943 MAT.APPEAL NO. 456 OF 2014 AGAINST THE JUDGMENT IN OP 1228/2013 OF FAMILY COURT, MAVELIKKARA, ALAPPUZHA APPELLANTS/RESPONDENTS:

1 REJI V.JOSEPH AGED 38 YEARS S/O.JOSEPH VARGHESE,VELLAPALLI HOUSE,CHENNIERKARA,P.O.MUTTATHUKONAM,KOZHENCHERRY TALUK,PATHANAMTHITTA DISTRICT.

2 JOSEPH VARGHESE AGED 52 YEARS S/O.VARGHESE,VELLAPALLI HOUSE,CHENNIERKARA.P.O,MUTTATHUKONAM,KOZHENCHERRY TALUK,PATHANAMTHITTA DISTRICT.

3 LEELAMMA JOSEPH AGED 45 YEARS W/O.JOSEPH VARGHESE,VELLAPALLI HOUSE,CHENNIERKARA.P.O,MUTTATHUKONAM,KOZHENCHERRY TALUK,PATHANAMTHITTA DISTRICT. 4 REJANI YOHANAN @KOCHUMOL AGED 34 YEARS W/O.BABY YOHANAN,PUTHENPURACKAL,KURAMBALA,ADOOR,PATHANAMTHI TTA.

BY ADV SRI.K.N.RADHAKRISHNAN(THIRUVALLA)

RESPONDENT/PETITIONER:

NICE AMMA OOMMEN AGED 23 YEARS D/O.T.D.OOMMEN,RESIDING AT THARAYIL HOUSE,KODUKULANJI.P.O,ALA VILLAGE,CHENGANNUR TALUK,ALAPPUZHA DISTRICT. REP. BY HER POWER OF ATTORNEY HOLDER T.D.OOMMEN, AGED 60 YEARS, THARAYIL (H), KODUKULANJI P.O, ALA VILLAGE, CHENGANNUR TALUK.

BY ADV SMT.ASHA ELIZABETH MATHEW THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 9.09.2021, ALONG WITH Mat.Appeal.758/2014, THE COURT ON

17.09.2021 DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943 MAT.APPEAL NO. 758 OF 2014 AGAINST THE JUDGMENT IN OP 1228/2013 OF FAMILY COURT, MAVELIKKARA, ALAPPUZHA APPELLANT/RESPONDENT:

NICE ANNAM OOMMEN AGED 26 YEARS D/O.T.D.OOMMEN, THARAYIL HOUSE, KODUKULANJI P.O., ALA VILLAGE, CHENGANNUR TALUK, ALAPPUZHA REPRESENTED BY HER POWER OF ATTORNEY T.D.OOMMEN, AGED 60 YEARS, THARAYIL HOUSE, KODUKULANJI P.O., ALA VILLAGE, CHENGANNUR TALUK.

BY ADVS.

SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW RESPONDENT/PETITIONER:

1 REJI JOSEPH S/O.JOSEPH VARGHESE, VELLAPALLI HOUSE, CHENNEERKARA P.O., MUTTATHUKONAM, KOZHENCHERY TALUK, PATHANAMTHITTA-689503.

2 JOSEPH VARGHESE S/O.VARGHESE, VELLAPALLI HOUSE, CHENNEERKARA P.O., MUTTATHUKONAM, KOZHENCHERY TALUK, PATHANAMTHITTA-689503.

3 LEELAMMA JOSEPH W/O.JOSEPH, VELLAPALLI HOUSE, CHENNEERKARA P.O., MUTTATHUKONAM, KOZHENCHERY TALUK, PATHANAMTHITTA-

689503.

4 REJANI YOHANNAN @KOCHUMAKAL W/O.YOHANNAN, VELLAPALLI HOUSE, CHENNEERKARA P.O., MUTTATHUKONAM, KOZHENCHERY TALUK, PATHANAMTHITTA-689503.

BY ADV SRI.K.N.RADHAKRISHNAN THIRUVALLA THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 9.09.2021, ALONG WITH Mat.Appeal.456/2014, THE COURT ON

17.09.2021 DELIVERED THE FOLLOWING:

J U D G M E N T Dated this the 17th day of September, 2021 Kauser Edappagath, J.

Both these appeals arise from the judgment of the Family Court, Mavelikkara (for short, 'the court below') in OP No.1228/2013 dated 15/1/2014.

2. The parties are referred to as shown in the original petition unless otherwise stated. The petition was one for return of gold ornaments, recovery of money and for return of movable articles.

3. The petitioner and the first respondent are the divorced spouses now. Their marriage took place on 30/5/2009 and it was dissolved by a decree of dissolution of marriage. The second respondent is the father, the third respondent is the mother and the fourth respondent is the sister of the first respondent. It is alleged that two days prior to the marriage, i.e., on 28/5/2009, the father of the petitioner entrusted a sum of Rs.1,50,000/- to respondents 1 to 3 at their house as patrimony and the respondents 1 to 3 held the said amount as trustees. It is further alleged that at the time of marriage, 40 sovereigns of gold ornaments were given to the petitioner by her parents and out of the same, 33 sovereigns of gold ornaments were obtained by the respondents on the fourth day of marriage agreeing to return as and when demanded, but was never returned.