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2025 Supreme(Online)(Ker) 40440

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
E.SHABANA TEZNI – Appellant
Versus
KANNANTHODY SHAMEER – Respondent


Advocates:
For the Appellants/Petitioners: P.K.NIJOY, SMT.C.PRABITHA, SRI.REJOICE B.CHEMBAKASSERIL
For the Respondents: P.MOHAMED, SABAH SAIPOOJA, SADIK ISMAYIL, R.GAYATHRI, M.MAHIN HAMZA, ALWIN JOSEPH, BENSON AMBROSE, SRI K M FIROZ

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 ornaments to her at the time of marriage. After the marriage, 1st respondent and his father got it weighed and thereafter they complained that the total weight of the gold ornaments was only 147 sovereigns as against their demand for 200 sovereigns and they demanded 53 sovereigns more. Pursuant to the said demand, in September 2002, petitioner’s f

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