IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 29TH DAY OF OCTOBER 2019 / 7TH KARTHIKA, 1941
Mat.Appeal.No.529 OF 2013
AGAINST THE JUDGMENT DATED 09-05-2013 IN OP NO.141/2009 OF FAMILY
AGED 29 YEARS,S/O.MARANKAVIL KANNAN,CHOORIKKADAM
HOUSE,KUNIYAN,KARIVELLUR P.O,KANNUR DT
BY ADVS.SRI.K.R.AVINASH (KUNNATH)
SRI.ABDUL RAOOF PALLIPATH
AGED 25 YEARS, D/O.RAMAKRISHNAN,REMYA NIVAS,MONACHA,
UPPILAKAI P.O, PIN 671 314,PUTHUKAI AMSOM, HOSDURG
R1 BY ADVS. SRI.BLAZE K.JOSE
THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
29.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Dated this the 29th day of October 2019
A.M. SHAFFIQUE, J.
Appeal is filed by the respondent in O.P. No.141 of
2009 of the Family Court, Kannur. Original petition was
filed by the respondent seeking return of 32 sovereigns
of gold ornaments. Her case was that the marriage was
solemnized on 29.04.2007. Initially, the marital life
went smoothly for about 2½ months. Thereafter, she was
ill-treated. The respondent was a drunkard and cruelty
was meted out against her. She further contended that at
the time of marriage, she was having 32 sovereigns of
gold ornaments, which were all taken away and
appropriated by the respondent. Thereafter, there was
demand for more dowry. On 17.11.2007, he came house
intoxicated and demanded Rs.5,00,000/-. When she
expressed her inability, she was manhandled. Some or how,
she escaped from his clutches. On 18.11.2007, she was
taken to her house and she was asked to make arrangement
for the money. While they were proceeding to her house in
a scooter, she was pushed down. She sustained severe
injuries and sought for treatment. Police registered a
case against the respondent under Section 498A of the
Indian Penal Code. Thereafter, the respondent did not
enquire about her. They got separated and thereafter she
filed the above case.
2. The respondent denied the allegations.
According to him, he is not a drunkard and he had not
assaulted her in any manner. He never demanded any dowry
and he did not know nature of gold ornaments she had at
the time of marriage.
3. Before the Family Court the above case was
heard along with O.P. No.610 of 2012, filed by the wife
for dissolution of marriage. Common evidence was taken.
PW.1 and PW.2 were examined on the side of the petitioner
and they relied upon Exts.A1 to A7. The respondent was
examined as RW.1. The Family Court after considering the
evidence, held that the fact that the petitioner had 32
sovereigns of gold ornaments is proved by her testimony
as well as the testimony of her father. They produced
Ext.A1, an estimate of the jewellery and also the
photographs of the marriage. From the aforesaid
documents, it is rather clear that she was having
sufficient quantity of gold ornaments. Even otherwise,
the respondent does not have a case that she did not have
such quantity of gold ornaments.
4. It is contended by the learned counsel for the
respondent that the husband was not aware of the quantity
of gold ornaments the wife had at the time of marriage.
Such a contention cannot be believed. In any case where a
bride is taken to the marital home the husband or his
parents will be knowing about the quantity of the gold
ornaments, the bride had adorned at the time marriage.
Failure to disclose such particulars, amounts to
concealment of the material facts.
5. As regards the appropriation, it is clearly
spoken to by PW.1. That apart, the facts involved in the
case would disclose that he had even tried to endanger
her life by pushing her down from the scooter. The copy
of the First Information Report in which the crime has
been registered has been produced in the case. Having
regard to the above factual situation, this is a case in
which the petitioner’s version is believable and
therefore, the Family Court was justified in granting a
decree. We don’t find any grounds to interfere with the
finding of the Family Court.
Mat. Appeal is accordingly dismissed.
All pending interlocutory applications will stand
DST //True copy//