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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
E.SHABANA TEZNI – Appellant
Versus
KANNANTHODY SHAMEER – Respondent
| Table of Content |
|---|
| 1. overview of marriage and gold ornaments claim. (Para 1 , 3 , 4) |
| 2. claims for return of gold ornaments and maintenance. (Para 5 , 19 , 20) |
| 3. standard of proof in matrimonial cases. (Para 10 , 11 , 17 , 18) |
| 4. evidence requirements for entrustment of gold. (Para 12 , 13 , 16) |
| 5. decision on maintenance claims. (Para 21 , 22 , 23) |
JUDGMENT
M.B.Snehalatha.J In this appeal, the challenge is to the judgment and decree in O.P.No.349/2011 of Family Court, Malappuram which declined the 1st appellant's claim for return of gold ornaments and past maintenance from the respondents.
2. Parties in this appeal shall be referred to by their rank in O.P.No.349/2011.
3. Facts necessary for the disposal of this appeal are as follows:
The marriage between the 1st petitioner and the 1st respondent who are Muslims was contracted on 30.9.2001 and she was taken to the matrimonial home on 21.7.2002. Second petitioner is the child born to them in the said wedlock. Second respondent is the mother of 1st respondent. At the time of fixing the marriage, the father of the 1st respondent had made a demand for 200 sovereigns of gold ornaments. 1st petitioner’s father had given 150 sovereigns of gold orn
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