IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
JOHN – Appellant
Versus
DAISY – Respondent
| Table of Content |
|---|
| 1. marriage and goods gifted (Para 1 , 2) |
| 2. dispute over gold ornaments (Para 3 , 8) |
| 3. burden of proof in claims (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. assessment of evidence validity (Para 16 , 17 , 18) |
| 5. judgment set aside due to lack of proof (Para 22) |
JUDGMENT
Muralee Krishna S., J.
2. The respondent is the legally wedded wife of the 1st appellant. Their marriage was solemnised on 09.11.2005 at St. Mary’s Church, Vendore in Amballur Village, as per the customs and ceremonies prevailing in their community. According to the respondent, at the time of marriage, her family members gifted her 35 sovereigns of gold ornaments. After marriage, the respondent and the 1st appellant resided together in the house of one George, who is the uncle of the 1st appellant. The respondent contends that during their joint living, the appellants ill-treated her physically and mentally, stating that she is not good-looking and also demanded her to bring more money and gold from her house. According to the respondent, she entrusted the 35 sovereigns of gold ornaments received by her from her family members to the 1st appellant as a trustee. However, the appellants misused those gold ornamen
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