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2025 Supreme(Online)(Ker) 57560

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P. KRISHNA KUMAR, JJ
SREEKALA KUMARI C.S. – Appellant
Versus
PRAVEEN – Respondent
MAT.APPEAL NO. 993 OF 2016 | MAT.APPEAL NO. 1158 OF 2016



Advocates:
For the Appellants/Petitioners: SHRI.M.GOPIKRISHNAN NAMBIAR, SHRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS, SHRI.PAULOSE C. ABRAHAM, SHRI.RAJA KANNAN, SHRI.CHETHAN KRISHNA R.
For the Respondents: SRI.K.S.HARIDAS, SRI.K.R.RAJAGOPALAN NAIR, SRI.ROHIT HARIDAS NAIR

Petitioner is entitled to recover remaining gold ornaments misappropriated by respondents, while divorce decree remains undisturbed.

Headnote:The High Court examines the appeals concerning gold ornaments and divorce, highlighting the petitioner's allegations regarding misappropriation. The Family Court's dismissal of the gold recovery petition is examined against evidence of gold possession. The appeals assert conflicting claims on matrimonial cruelty and desertion, leading to a nuanced analysis of evidence presented. Mat. Appeal No.993/2016 is partly allowed with directives for gold recovery, while Mat. Appeal No.1158/2016 is dismissed.

Table of Content
1. petitioner alleges misappropriation of gold ornaments. (Para 1 , 2 , 3)
2. counterclaims regarding cruelty and desertion are presented. (Para 4 , 5 , 6)
3. court assesses evidence regarding gold possession. (Para 7 , 8 , 9 , 10)
4. court indicates evidence suggests misappropriation is probable. (Para 11 , 12 , 13)
5. final decision balances recovery of gold and dismissal of divorce appeal. (Para 14 , 15 , 16)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN &

THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR WEDNESDAY, THE 17TH DAY OF DECEMBER 2025 / 26TH AGRAHAYANA, 1947 MAT.APPEAL NO. 993 OF 2016 AGAINST THE JUDGMENT DATED 27.04.2016 IN OP NO.117 OF 2014 OF FAMILY COURT,THIRUVANANTHAPURAM APPELLANT/PETITIONER:

SREEKALA KUMARI C.S.

AGED 31 YEARS, D/O.SUDARSANAN NAIR, ILIPURKKAL VILAKATHU VEEDU, AYIRA P.O., KARODE VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPUAM DISTRICT.

BY ADVS.

SHRI.M.GOPIKRISHNAN NAMBIAR SHRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SHRI.PAULOSE C. ABRAHAM SHRI.RAJA KANNAN SHRI.CHETHAN KRISHNA R.

RESPONDENTS/COUNTER PETITIONERS:

1 PRAVEEN AGED 40 YEARS, S/O.GOPINATHAN NAIR, 'GOPI PRIYA', MARKET ROAD, UCHAKKADA PO, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT.

2 PADMAVATHY AMMA, AGED 67 YEARS W/O.GOPINATHAN NAIR, 'GOPI PRIYA', MARKET ROAD, UCHAKKADA PO, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT.

BY ADVS.

SRI.K.S.HARIDAS SHRI.K.R.RAJAGOPALAN NAIR (PERUMBAVOOR)

THIS MATRIMONIAL APPEAL HAVING COME UP FOR HEARING ON

10.12.2025, ALONG WITH MAT.APPEAL.1158/2016, THE COURT ON

17.12.2025 DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN &

THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR WEDNESDAY, THE 17TH DAY OF DECEMBER 2025 / 26TH AGRAHAYANA, 1947 MAT.APPEAL NO. 1158 OF 2016 AGAINST THE JUDGMENT DATED 27.04.2016 IN OP NO.1093 OF 2012 OF FAMILY COURT,THIRUVANANTHAPURAM APPELLANT/COUNTER PETITIONER:

SREEKALA KUMARI C.S.

AGED 31 YEARS, D/O. SUDARSANAN NAIR, ILIPURAKKAL VILAKATHU VEEDU, AYIRA P.O., KARODE VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT.

BY ADVS.

SHRI.M.GOPIKRISHNAN NAMBIAR SHRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SHRI.PAULOSE C. ABRAHAM SHRI.RAJA KANNAN SHRI.CHETHAN KRISHNA R.

RESPONDENT/PETITIONER:

PRAVEEN AGED 40 YEARS, S/O. GOPINATHAN NAIR, 'GOPI PRIYA', MARKET ROAD, UCHAKKADA P.O., NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT.

BY ADVS.

SRI.K.S.HARIDAS SHRI.ROHIT HARIDAS NAIR THIS MATRIMONIAL APPEAL HAVING COME UP FOR HEARING ON

10.12.2025, ALONG WITH MAT.APPEAL.993/2016, THE COURT ON

17.12.2025 DELIVERED THE FOLLOWING:

SATHISH NINAN & P. KRISHNA KUMAR, JJ.

= = = = = = = = = = = = = = = = = =

Mat.Appeal Nos.993 & 1158 OF 2016 = = = = = = = = = = = = = = = = = =

Dated this the 17th day of December, 2025

JUDGMENT

P.Krishna Kumar, J.

In these appeals, the wife challenges the common judgment pronounced by the Family Court, Thiruvananthapuram. The learned Family Judge dismissed the petition filed by the wife for recovery of gold and money and allowed the petition filed by the husband for divorce.

2. The parties shall hereinafter be referred to as they were arrayed in O.P. No.117/2014, which was filed by the wife against the husband and his relatives for recovery of gold and money. In the said petition, the petitioner has alleged that, at the time of her marriage, she was adorned with 75 sovereigns of gold ornaments. It is also alleged that she received 4.5 sovereigns of gold ornaments as gifts from her near relatives. At the time of the Marvuveedu function, her father gave Rs.25,000/- as a gift to the first respondent, besides giving him household articles worth Rs.40,000/-. After the marriage, the respondents obtained 75 sovereigns of gold ornaments from her by representing that the same would be kept in a locker; however, they misappropriated those ornaments, it is alleged.

3. The respondents resisted the petition by contending that the claim for recovery of gold ornaments and money is only a

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