JUDGEMENT
SOPHY THOMAS, J. -
(1.)The appellants herein are the respondents in O.P.No.1806 of 2011 on the file of Family Court,
Nedumangad. The respondent/wife filed that O.P. for
recovery of gold ornaments and movables entrusted with
the appellants and also to get back the documents of her
property, which was given as security for a loan availed
by the 3rd appellant-mother-in-law.
(2.)The 1st appellant husband had filed O.P.No.688 of 2011 for dissolving his marriage with the respondent.
That O.P. was tried jointly with O.P.No.1806 of 2011 and
a common judgment was passed on 25/6/2013 granting a
decree of divorce in O.P.No.688 of 2011 in favour of the
1st appellant, and partly allowing O.P.No.1806 of 2011 directing the appellants to return 130 sovereigns of
gold ornaments to the respondent-wife, or to pay its
market value as on the date of realization, and to
return the original title documents of the respondent to
her after discharging the liability of the 3rd appellant
with KSFE, Vellarada Branch. Aggrieved by the judgment
and decree in O.P.No.1806 of 2011, this appeal has been
preferred by the respondents therein.
(3.)The case put forward by the respondent/wife in O.P.No.1806 of 2011 was that she was given 130
sovereigns of gold ornaments, movables worth Rs.50,000.00
and also landed property extending 91.99 Ares with a two
storied building, as her paternal share, at the time of
marriage. After 2 weeks of marriage, her entire gold
ornaments were received by appellants 1 and 2 i.e., her
husband and father-in-law. According to her, they were
in the habit of pledging and redeeming her gold
ornaments. When she had to attend some functions, they
used to give some of her ornaments, but immediately
after attending the function, they used to get it back
from her. The movables/household articles worth
Rs.50,000.00 given from her family were also entrusted
with the appellants. In order to secure a loan availed
by the 3rd appellant from KSFE, Vellarada Branch, the
title deeds of the respondent were given as security,
and she wanted to get back those documents, on clearing
the loan liability by the 3rd appellant.
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