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2007 Supreme(Online)(KER) 3510

HIGH COURT OF KERALA
KURIAN JOSEPH, T.R.RAMACHANDRAN NAIR, JJ
SUMI – Appellant
Versus
BABU – Respondent


J U D G M E N T

T.R.Ramachandran Nair, J.

This appeal arises from the order dated 28-2-2006 in OP.No.712/2001 of the Family Court, Ernakulam. The appellant is the petitioner in the above OP. The OP was filed for recovery of a sum of Rs.1,50,000/- and interest thereon and also for recovery of 30 sovereigns of gold ornaments scheduled in the petition or in the alternative for its value to the tune of Rs.1,20,000/- with 18% interest thereon. The OP in question was filed under Section 7 of the Family Court Act, 1984. The Family Court as per the order dismissed the same, rejecting the claim of the petitioner on both counts. Challenging the same the petitioner has filed this appeal.

2. The appellant was married to the first respondent and the marriage took place on 3-7-2000. Pursuant to the order in Divorce OP.No.975/2001 they have separated themselves. It is subsequently the present OP was filed by the former wife against the former husband and his parents.

3. The main averments in the OP are the following:

The marriage took place on 3-7-2000 in the St.George Orthodox Church, Vaniampara which was held under Christian rites. After the marriage the parties stayed in the house of the first resp

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