JUDGMENT

A.M.Shaffique , J.

This appeal is filed by the respondent in O.P.No.980 of

2008 of the Family Court, Ernakulam. The Original Petition has been filed by the respondent herein/wife claiming return of Rs.10,00,000/- being the amount sent by her from abroad to her husband over a period of time. She had also claimed return of gold ornaments weighing 141 sovereigns. The Family Court allowed the petition in part and directed to pay an amount of Rs.7,90,500/- covered by Exts.A1 to A3 series with interest @ 12% per annum from the date of petition till realisation.

2. The O.P. was filed in the year 2008 and the amounts apparently were sent from 7.8.1999 onwards up to 15.11.2007. The contention of the appellant is that the amounts were sent for various purposes of the family. At the relevant time wife was employed abroad and he along with the two minor children were residing here. The amounts were sent for family necessities which cannot be claimed back.

3. When a claim is made in a matrimonial case for recovery of money, claim can be sustained only if the money has been entrusted in the form of a trust to be returned or else the payment should based on a contract between the parties tha