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2025 Supreme(Online)(Ker) 56364

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
RUBEENA – Appellant
Versus
ASHARAF – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.N.MANOJ
For the Respondents: SRI.V.A.JOHNSON (VARIKKAPPALLIL)

JUDGMENT Devan Ramachandran, J.

The appellant has filed this Appeal against the judgment of the learned Family Court, Palakkad, dated 22.08.2017, in OP No.722/2015.

2. The aforesaid Original Petition was filed by the appellant, seeking return of her 27.08 sovereigns of gold ornaments, along with Rs.1,00,000/- and certain household articles and dresses - which she asserted are with the respondent and is refusing to return to her.

3. The respondent, on the other hand, took the stand that the appellant neither had the aforementioned weight of gold ornaments; nor has she entrusted it or money or articles, as has been alleged with him; and hence sought the Original Petition to be dismissed.

4. The learned Family Court took the Original Petition to trial; in which, the appellant examined herself as PW1 and cited three other witnesses on her side as PW2, PW3 and PW4; while, the respondent testified as RW1 and brought RW2 to speak on his side. In addition, the appellant marked Exts.A1 to A4 on her side in substantiation of her plea; while, the respondent marked Exts.B1 to B4.

5. The learned Family Court, after evaluation of the evidence on record, allowed the Original Petition in part, directin

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