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2025 Supreme(Online)(Ker) 57077

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SATHISH NINAN, MR. P. KRISHNA KUMAR, JJ
BAIJU S/O. SASIDHARAN – Appellant
Versus
DIVYA G., D/O. GIRIJA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.O.D.SIVADAS, SMT.ANITHA MATHAI MUTHIRENTHY
For the Respondents: SRI.LATHEESH SEBASTIAN

JUDGMENT

Sathish Ninan, J.

Mat. Appeal No.582/2016 and Mat. Appeal No.912/2016 are by the respondents and the petitioners respectively, in OP 1464/2013. The original petition was filed inter alia for recovery of gold ornaments, declaration of title, recovery of money. The O.P was decreed in part. Challenging the part of the decree against the respective parties, they are in appeal.

2. Mat. Appeal No.757/2016 is by the respondent (husband) in OP 402/2014, challenging the decree for divorce granted at the instance of the wife. Mat. Appeal No.756/2016 is filed by the petitioner-husband challenging the dismissal of his original petition seeking restitution of conjugal rights.

3. It is conceded before us that Mat. Appeal No.756/2016, Mat. Appeal No.757/2016, and Mat. Appeal No.912/2016 are not pursued. Therefore, we confine our discussions to Mat. Appeal No.582/2016. The reliefs claimed in OP 1464/2013 from which the Mat Appeal arises, are as under:-

(i) Recovery of 76 sovereigns of gold ornaments.

(ii) Recovery of ₹ 1 lakh entrusted as pocket money.

(iii) Recovery of ₹ 2 lakhs given for purchase of property.

(iv) Recovery of ₹ 3,10,000/- withdrawn from the Bank account of the petitioner-wife.

(

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