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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P. KRISHNA KUMAR, JJ
JAYASANDHYA.S – Appellant
Versus
R.BABU – Respondent
MAT.APPEAL NO. 75 OF 2016 | MAT.APPEAL NO. 151 OF 2016
Certainly. Based on the provided legal document, here are the key points summarized:
The court addressed a matrimonial dispute involving the recovery of gold ornaments, monetary claims, and custody issues. The appeal was filed against a Family Court judgment that partially allowed the petition, ordering the respondent to pay a monetary amount but rejecting claims related to gold ornaments and custody (!) .
The marriage between the parties was solemnized on 08.07.2007, and it was their second marriage. The petitioner claimed to have entrusted 60 sovereigns of gold ornaments to the respondent at the time of marriage, which were not returned when she left the matrimonial home. The petitioner also alleged financial transactions involving her family’s contributions for property purchase and withdrawal of funds by the respondent for personal use (!) (!) (!) .
Evidence included photographs and bills indicating that the petitioner possessed approximately 50 sovereigns of gold ornaments at the relevant time, with no challenge to their authenticity or the fact that they were gold. The trial court initially rejected the claim based on certain misinterpretations of the evidence, but the appellate court found these conclusions to be erroneous (!) (!) (!) (!) .
The court concluded that the petitioner had retained roughly 20 sovereigns of gold ornaments and was entitled to recover 30 sovereigns or their market value at the time of recovery from the respondent. The court emphasized that the value should be assessed based on the market value at the time of recovery, not the time of the petition (!) .
Regarding monetary recovery, the petitioner produced evidence of withdrawals totaling ₹5,50,000, which was deemed credible and supported her claim. The respondent’s denial and alternative explanations were not sufficiently substantiated, leading the court to uphold the monetary recovery order (!) (!) .
The respondent’s claim that the property was purchased prior to marriage with loans and personal funds was found unsubstantiated and inconsistent with the evidence, especially since the purchase occurred after marriage. The respondent’s failure to produce supporting documents further weakened his case (!) .
The court rejected the respondent’s contention that the petitioner was of unsound mind, noting that no judicial finding or enquiry had established this. The petitioner’s previous psychiatric treatment did not suffice to declare her incapable of protecting her interests in the proceedings (!) (!) .
The final judgment allowed the appeal in part, directing the respondent to return 30 sovereigns of gold ornaments within one month, or pay their market value if not returned. The rest of the original decree was upheld, and the appeal challenging the custody order was dismissed (!) (!) .
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| Table of Content |
|---|
| 1. parties seek recovery and custody. (Para 1 , 2 , 4) |
| 2. legal submissions made. (Para 5 , 6) |
| 3. assessment of gold ornaments' ownership. (Para 7 , 8 , 9 , 10 , 12 , 13 , 14) |
| 4. monetary recovery justifications analyzed. (Para 15 , 16 , 17) |
| 5. final ruling and directives. (Para 19 , 20) |
P.Krishna Kumar, J.
The above appeals are filed against the judgment passed by the Family Court, Alappuzha, in a petition instituted by the wife against her husband seeking recovery of gold and money and custody of the minor child. The Family Court allowed the petition in part and directed the husband to return a sum of ₹5,50,000/- with interest, but rejected the reliefs for return of gold ornaments as well as custody of the minor child. The above appeals have been preferred by both parties, each challenging the portion of the decree adverse to them.
2. The parties shall hereinafter be referred to as they were arrayed in the original petition. Their marriage was solemnised on 08.07.2007. It was the second marriage for both parties. The petitioner alleged that, at the time of marriage, 60 sovereigns of gold ornaments were entrusted with the respondent. It was further alleged that when the respondent demanded additional money from the petitioner for purchasing the house in which they were residing at that time, the petitioner’s mother paid a sum of ₹2,50,000/- to the respondent, which was utilised for the purchase of the said property. While the parties were living together, the respondent allegedly caused the petitioner to withdraw ₹3,00,000/- from her account and utilised the same for his personal needs. The respondent is also alleged to have misappropriated 60 sovereigns of gold ornaments.
3. The petitioner gave birth to a female child on
06.10.2010. On 14.10.2012, the respondent allegedly assaulted the petitioner, as a result of which she was taken to her parental house by her mother. Ever since then, according to the petitioner, the respondent has been forcefully retaining custody of the child. On the basis of these allegations, the petitioner sought recovery of 60 sovereigns of gold ornaments, ₹5,50,000/-, and custody of the minor child.
4. During trial, PW1 to PW3 and CPW1 were examined, and Exts. A1 to A6 and Exts. B1 to B3 were marked in evidence.
5. We heard Shri. C.P. Peethambaran, learned counsel appearing for the petitioner, and Shri P. Shanes Methar, learned counsel appearing for the respondent.
6. During the course of hearing, learned counsel for the petitioner submitted that, at present, the petitioner does not seek custody of the minor child. In view of the said submission, the issue that remains for consideration is whether the petitioner is entitled to recover 60 sovereigns of gold ornaments and ₹5,50,000/- from the respondent.
7. While the petitioner contended that she possessed 60 sovereigns of gold ornaments at the time of marriage, the respondent denied the said claim in toto in the counter statement. It was specifically contended that the petitioner had no means to acquire the gold ornaments or the money claimed by her. PW1, the petitioner, and PW2, her mother, were examined, through whom Ext. A4 series bills/vouchers relating to the purchase of nearly 48 sovereigns of gold ornaments and Ext. A2 series photographs were marked in evidence. Ext. A4 bills account for 386.22 grams of gold, which is equivalent to more than 48 sovereigns. Ext. A2 series consists of two photographs. According to the petitioner, Ext. A2, depicting the petitioner alone, was taken on the day prior to the marriage, while Ext. A2(a), showing both parties, was taken on the day following the marriage.
8. From the photographs, it is evident that the quantity of ornaments worn by the petitioner at the relevant time was approximately 50 sovereigns. It is pertinent to note that the respondent neither objected to the marking of Ext. A2 series photographs nor did he challenge their genuineness. He also has no case that the ornaments worn by the petitione
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