COMMON JUDGMENT:

(per Hon’ble Smt. Justice P.Sree Sudha)

These appeals are filed against the Common Order dated

30.06.2012 in O.P.No.523 and 1142 of 2010, passed by the learned Additional Family Court Judge, Hyderabad.

2. One G.Manjula/wife filed O.P.No.1142 of 2010, against her husband/appellant herein for return of gold ornaments and also for an amount of Rs.1,45,081/- with interest @ 24% per annum and for costs. The minor children represented by her mother G.Manjula, filed O.P.No.523 of 2010 against the appellant/father for grant of maintenance of Rs.8,000/- per month to each of them and also for an amount of Rs.8,00,000/- towards marriage expenses of her daughter. The trial Court examined P.Ws.1 to 3 and marked Exs.P1 to P29 on behalf of the petitioners/respondents herein and also examined R.Ws.1 and 2 and marked Exs.R1 to R43 on behalf of the respondent/appellant herein. Though, P.W.3 and R.W.2 filed their chief affidavits, they could not appear for Cross-examination, as such their evidence was eschewed. The trial Court after considering the oral and documentary evidence of both sides, allowed O.P.No.1142 of 2010 with costs, directing the appellant herein to return all gold articles as mentioned in Ex.P14-Memorandum of securities totaling net weight of 236.500 gms. In case, if the appellant/respondent fails to return the gold articles, he has to pay the cost of the gold articles as per the present market value (22 carets) and also directed to pay an amount of Rs.1,45,081/- with interest @ 12% per annum from the date of petition till decree and @ 6% per annum from the date of decree till realization. So also, O.P.No.523 of 2010 is allowed, directing the appellant herein to pay an amount of Rs.8,000/- per month to petitioners/respondents towards their maintenance and also to pay an amount of Rs.8,00,000/- towards marriage expenses of petitioner No.1/respondent No.1 herein. Aggrieved by the said Order in O.P.No.523 of 2010, respondent therein preferred F.C.A.No.348 of 2012 and against the Order in O.P.No.1142 of

2010, preferred F.C.A.No.357 of 2012.

3. The parties herein are referred as petitioner/wife/mother and respondent/father as arrayed in the trial Court, for the sake of convenience.

4. The petitioner/wife stated that her marriage was performed with respondent/husband on 13.11.1991, and they are blessed with two children namely G.Nikhil Gupta, aged about 14 years and G.Anisha Gupta aged about 15 years. Both petitioner and respondent jointly filed O.P.No.200 of 2007, seeking divorce and the same was decreed in Lok Adalat on 05.02.2008. As per the terms and conditions agreed therein, respondent agreed to return 60 tulas of gold belonging to her and accordingly respondent returned the gold ornaments on 07.04.2007, as per the list. Later, he approached her and requested to join his company with a promise to look after her and her children, as such she joined him in the first week of March, 2008. She has also handed over her gold and silver ornaments to respondent for safe custody. On 07.12.2008, he abused her in filthy language, manhandled her and her children and necked out from the house, and thus she went to her parent’s house without taking her gold and silver ornaments, as such she got issued legal notice to respondent on 23.12.2008, demanding him to return her gold and silver ornaments. He received the said notice and replied with false allegations.

5. Later, respondent again approached her and requested to join him, as such believing him innocently, she joined his matrimonial company in the last week of March, 2009, along with her children. On 18.04.2009, at his instance, she mortgaged the gold ornaments and obtained gold loan of Rs.1,65,500/- vide account No.24525. The respondent also induced her to obtain another loan for an amount of Rs.1,28,000/- vide account No.24526 and he handed over the Xerox copies of the bank receipts to her by keeping originals with him. In the loan transactions, respondent put her name as nomi