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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. Krishna Kumar, J
HAMZA – Appellant
Versus
SUHARA – Respondent
| Table of Content |
|---|
| 1. dispute regarding misappropriation of gold ornaments. (Para 1 , 2 , 3) |
| 2. claim of non-receipt of notice to contest appeal. (Para 4 , 5) |
| 3. opportunity to contest must be balanced with credibility. (Para 6 , 7) |
| 4. evidence of claims against second respondent lacks substantiation. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 5. restoration of petition against husband upheld with costs. (Para 14 , 15) |
P.Krishna Kumar, J.
A petition filed by the wife for recovery of gold ornaments and money against her husband and father-in- law was allowed by the Family Court as against the husband, who remained ex parte. The Family Court dismissed the petition against the father-in-law. The husband and wife challenge the said order, aggrieved by the respective adverse decree. For the sake of convenience, the parties will be hereinafter referred to as they were arrayed in the original petition.
2. The petitioner and the first respondent were married on 05.11.1998, and two children were born to them in their wedlock. The petitioner contended that 110 sovereigns of gold ornaments belonging to her were misappropriated by the first and second respondents. According to her, she received 100 sovereigns of
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