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2025 Supreme(Online)(Ker) 57413

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
AFSANA – Appellant
Versus
JASEEL @ MOOSA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.C.Y.VINOD KUMAR, SHRI.K.A.JALEEL
For the Respondents: SRI.RAJESH CHAKYAT

JUDGMENT

M.B.Snehalatha.J Appellants are the petitioners in O.P.No.643/2016 of Family Court, Irinjalakuda. By the impugned judgment and decree, the learned Family Court declined the relief of return of gold and patrimony and also disallowed her claim for past maintenance. Past maintenance for the child alone was granted.

2. Parties shall be referred to by their rank in the Original Petition.

3. The marriage of the 1st petitioner with the 1st respondent was solemnised on 4.5.2014 as per Muslim religious rites. 2nd petitioner is the child born to them in the said wedlock. At the time of marriage, 1st petitioner was given 35 sovereigns of gold ornaments . Subsequent to the marriage as demanded by the respondents, an amount of Rs.3 lakhs was given by her parents. After the birth of the child, her parents had given 5 sovereigns of gold ornaments to the child. Respondents misappropriated the entire 40 sovereigns of gold ornaments and patrimony of ₹3 lakhs entrusted with them and utilised it for their own purposes. They ill-treated and tortured the 1st petitioner physically and mentally, demanding dowry. On 30.5.2016, respondents driven her out from the matrimonial home and thereafter she

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