IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN &

THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA WEDNESDAY, THE 9^TH DAY OF APRIL 2025 / 19TH CHAITHRA, 1947 MAT.APPEAL NO. 745 OF 2021 AGAINST THE JUDGMENT IN OP(OTHERS) NO.755 OF 2015 OF FAMILY COURT, ALAPPUZHA APPELLANTS/PETITIONERS:

1 SEEMA ALIAS MARY D/O.RAPHEL, AGED 41 YEARS, KANACKAPILLY HOUSE, EZUPUNNA VILLAGE, EZHPUNNA P.O, CHERTHALA TALUK, ALAPPUZHA DISTRICT-688 548

2 MARTIN, S/O SEEMA, AGED 16 (MINOR), KANACKAPPILLY HOUSE, EZHUPUNNA VILLAGE, EZHUPUNNA P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT-688 548, REPRESENTED BY MOTHER AND NATURAL GUARDIAN, 1ST APPELLANT.

3 IMMANUEL, S/O SEEMA, AGED 12 (MINOR), KANACKAPPILLY HOUSE, EZHUPUNNA VILLAGE, EZHUPUNNA P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT-688 548, REPRESENTED BY MOTHER AND NATURAL GUARDIAN, 1ST APPELLANT.

BY ADVS.

V.N.SANKARJEE V.N.MADHUSUDANAN R.UDAYA JYOTHI M.M.VINOD M.SUSEELA KEERTHI B. CHANDRAN VIJAYAN PILLAI P.K.

C.PURUSHOTHAMAN NAIR NITHEESH.M K.S.SOJI SOLAMAN RESPONDENT/RESPONDENT:

ULAHANNAN ALIAS BABU, S/O CHACKO, AGED 48, KARUKAPARAMBIL (ALSO KNOWN AS KANJIRATHINKAL), CMC

30, NEAR KUTTIKKATTU JUNCTION, CHERTHALA P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT-688 524 BY ADVS.

MANU HARSHAKUMAR MARY ANN SAJI THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON

4.4.2025, THE COURT ON 09.04.2025 DELIVERED THE FOLLOWING:

DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.

-------------------------------------------

Mat.Appeal No.745 of 2021 -------------------------------------------

Dated, this the 9^th April 2025

JUDGMENT

M.B.Snehalatha.J Appellants herein are the petitioners in O.P.No.755/2015 of Family Court, Alappuzha. The said petition for return of gold ornaments, cash and maintenance was decreed in part by the Family Court. In this appeal, appellants challenge that part of the judgment and decree to the extent to which it disallowed their claims.

2. The parties are Christians. The marriage of the 1^st appellant with the respondent was solemnized on 23.10.2006. Appellants 2 and 3 are the children born in the said wedlock. 1^st appellant's case is that at the time of fixing the marriage, her parents entrusted ₹2 lakhs to the respondent. Utilising ₹1,50,000/- from the said amount, gold ornaments weighing 20 sovereigns

were purchased for the marriage of the 1^st appellant and the balance

amount of ₹50,000/- was retained by the respondent. After the

marriage, respondent subjected the 1^st appellant to cruelty, which led to the filing of a criminal case against him as C.C.No.532/2011 and also a petition as O.P.No.2/2013 seeking maintenance. In order to escape from the punishment in the criminal case, respondent settled O.P.No.2/2013. In view of the settlement arrived at, respondent had returned the gold ornaments of the 1^st appellant taken by him. Subsequent to the said settlement, appellants were residing with the respondent in his house from September 2014 onwards. But the respondent again continued with his matrimonial cruelty. In the first week of January 2015, the respondent took away 11 sovereigns of gold ornaments belonging to the 1^st appellant kept in the almirah. He also misappropriated five sovereigns of gold ornaments of the children. Respondent is liable to return the said 11 sovereigns of gold ornaments. He is also liable to return ₹50,000/- which was retained by him from the amount given as patrimony. On 26.2.2015 respondent and his mother manhandled the 1^st appellant and she was admitted to the hospital. After discharge from the hospital, 1^st appellant’s father took the appellants to the parental house. 1^st appellant has no job or income and they are living at the mercy of her parents and brothers. Respondent who has sufficient income, is not providing any maintenance. Hence, she claimed maintenance at the rate of ₹3,500/- per month for her and ₹2,500/- each per month for appellants 2 and 3. She also claimed past maintenance of ₹34,000/- for the period from 27.2.2015 for a period of four months