Sanju Mohan vs Ramya Chandran
2021 Latest Caselaw 7063 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE

                                   &

         THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH

     MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                       Mat.Appeal.No.1068 OF 2017

      AGAINST THE ORDER IN O.P.NO.1682/2014 DATED 09-12-2016
                    OF FAMILY COURT, THRISSUR
                                 ------


APPELLANT/S:

                SANJU MOHAN, AGED 40 YEARS,
                S/O.JAYAMOHAN PALLATH,
                MANJARI, KOORKKANCHERRY VILLAGE,
                THRISSUR P.O., THRISSUR.

                BY ADV. SRI.A.N.KUTTAN


RESPONDENT/S:

                RAMYA CHANDRAN, AGED 40 YEARS,
                DAUGHTER OF PREMACHANDRAN,
                PREM NAVAS, NILESWARAM P.O,
                NILESWARAM, HOSDURG TALUK,
                KASARAGOD DISTRICT

                BY ADV.SRI.K.P.HARISH


THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 01.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Mat.Appeal.No.1068/2017                        2



                                       JUDGMENT

Dated this the 1st day of March 2021

A.Muhamed Mustaque, J.

This appeal was filed challenging a decree

dismissing the claim filed by the husband as against

the wife for the return of gold ornaments allegedly

given at the time of the marriage. The marriage

between the appellant and the respondent was

solemnized on 12.9.2010. The love affair between the

parties resulted in marriage. The wife filed a

petition for divorce. That was taken up along with the

petition for the return of gold ornaments filed by the

husband. Both were tried together and dismissed by a

common order.

2. The wife filed an appeal against the dismissal

of the petition for divorce. Today, by a separate

judgment, we allowed that appeal.

3. The case of the appellant-husband was that he

had given a mobile phone, 50 sovereigns of gold

ornaments, a Diamond necklace and Diamond ear rings to

the respondent-wife. He produced Ext.B1 series of

photographs to substantiate his claim. The Family

Court dismissed the claim holding that there was no

evidence with regard to the entrustment of the gold

ornaments. According to the wife, whatever the gold

ornaments she had entrusted with the parents of the

appellant-husband, when they shifted to Ernakulam.

The evidence consists of oral evidence in regard to

entrustment and the alleged appropriation. The Family

Court, after weighing the evidence on both sides, came

to the conclusion that no evidence was available to

prove the ornaments were with the respondent-wife. In

regard to the mobile phone and diamond ring, the

respondent admitted she is in possession of the same.

However, according to her, this was given as a gift

and it cannot be given back. The Family Court, after

taking note of the nature of the articles as above,

accepted the stand of the respondent and ordered that

those articles need not be returned.

4. The respondent submits that she is prepared

to return the mobile phone and the diamond ring. The

said submission is recorded.

5. We also scanned the entire pleadings and

evidence. We do not find that the Family Court had

erred in rejecting the appellant's claim for want of

evidence. We find no reason to depart from the

findings of the Family Court. However, in view of the

submission of the learned counsel for the respondent

that the respondent is prepared to return the mobile

phone and ring, we partly allow the appeal by

directing the respondent to return the aforesaid ring

and mobile phone to the appellant within one month. If

the mobile phone is not available, the respondent

shall pay a sum of Rs.10,000/- (Rupees ten thousand

only) towards its value, in lieu of the mobile phone.

All pending interlocutory applications, if any,

are closed.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

KAUSER EDAPPAGATH

JUDGE

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