IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Mat.Appeal.No. 467 of 2008() ----------------------------------------- OP.202/2007 of FAMILY COURT, KOTTAYAM .................... APPELLANTS/ RESPONDENTS ---------------------- 1. JIBU MATHEW, THARAKAN, AGED 30 YEARS, S/O G. MATHEW THARAKAN PADINJAREVILAYIL, KUNDARA, EZHUKON VILLAGE, KOTTARAKKARA TALUK KOLLAM DIST. NOW WORKING EMPLOYMENT NO.662, P.B. NO. 13164, A1 SHAFAR GENERAL CONTRACTING CO. LIC DUBAI, UAE REP BY G. MATHEW THARAKAN, AGED 55 YEARS, S/O GEE VARGHESE THARAKAN RESIDING AT PADINJARAVILAYIL , KUNDARA EAST P.O. MULAVANA MURI, MULAANA VILLAGE, KOLLAM TALUK. 2. G.MATHEW THARAKAN, AGED 59 YEARS, S/O S/O GEE VARGHESE THARAKAN RESIDING AT PADINJARAVILAYIL, KUNDARA EAST P.O., MULAVANA MURI MULAVANA VILLAGE, KOLLAM TALUK. 3. KUNJAMMA MATHEW, THARAKAN, W/O MATHEW THARAKAN, AGED ABOUT 56 YEARS, RETIRED TEACHER, RESIDNG AT PADINJAREVILAYIL HOUSE, KUNDARA P.O., EZHUKONE VILLAGE, KOTTARAKKARA TALUK, KOLLAM DIST. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): ------------------------- RENILA NINAN AGED 27 YEARS, D/O NINAN C.K. CHIRATHALATTU HOUSE, KURISUMMOOD P.O., CHANGANACHERRY, VAZHAPPALLY VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT, NOW RESIDING AT BLOCK NO.13, FLAT NO. 69, SHAIKH RASHEED BUILDING, GHUSSIAS, DUBAI, UAE. ADV. SRI.V.PHILIP MATHEW SRI.MADHUSOODANAN[CONCILIATOR] THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2008, ALONG WITH MA NO. 506 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Mat.Appeal Nos.467/2008-E & 506/2008-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of November, 2008. J U D G M E N T Ramachandran Nair, J. These appeals arise from the judgment in O.P.No.202/2007 on the Family Court, Ettumanoor. Mat.Appeal No.467/2008 is filed at the instance of the former husband and Mat.Appeal No.506/2008 is filed by the former wife of the appellant in Mat.Appeal No.467/2008. O.P.No.202/2007 was filed by the wife seeking return of money and gold ornaments. The total amount claimed is Rs.31,61,520/-. The court below allowed O.P.No.202/2007 in part and the petitioner/wife was given a decree to realise Rs.15,00,000/- with 9% interest from the date of suit 28/02/2007 and 84.5 sovereigns of gold ornaments or its present approximate value 7,00,000/- with 9% interest from the date of judgment. Divorce has already been ordered in another appeal. 2. We heard learned counsel for the appellants in both the appeals. 3. It was vehemently argued by the learned counsel for the petitioner in Mat.Appeal No.467/2008 that as far as the payment of Rs.7,00,000/- is concerned, not a scrap of paper has been produced by the respondent in support of the plea. The learned counsel for the respondent who is the appellant in Mat.Appeal No.506/2008 submitted that seven items of documents have been Mat.Appeal Nos.467/2008 and 506/2008 -:2:- produced along with O.P.No.202/2007 at the time of its filing itself. These documents include statement of account from the State Bank of Travancore, copies of fixed deposit receipts in the joint names of both the parties as well as photos taken at the time of marriage. We find on a perusal of the records that these documents were not marked in evidence at the time of trial. Of course, learned counsel for the appellant in Mat.Appeal No.506/2008 submitted that O.P.No.203/2007 was taken as leading case that may be the reason why documents were not marked in 202/2007 separately. We are of the view that for a just determination of the issues involved the matter has to be remitted to the family court for fresh disposal after allowing both the parties to adduce evidence. Therefore, decree in O.P.No.202/2007 stands set aside and the matter is remitted back for fresh disposal in accordance with law. Both the parties will be allowed to adduce evidence in support of their case. 4. This Court had passed the following interim order on 04/08/2008:- “It is submitted that an amount of Rs.8,00,000/- (rupees eight lakhs only) is in the fixed deposit, in the joint name of Renila Nina and Jibu Mathew Tharakan. The amount from the said deposit shall not be disbursed without orders from this Court. I.A.No.1717/2008: There will be a stay of all further proceedings between the parties pursuant to the judgment until further orders.” Mat.Appeal Nos.467/2008 and 506/2008 -:3:- Till the matter is disposed of by the family court, the said interim order will continue and the Family Court can pass appropriate orders regarding the said amount. We also direct that since the matter is now remitted back, the family court shall take expeditious steps to dispose of the matter, at any rate within a period of six months from the date of this judgment. Records will be sent back immediately. Appeals are disposed of as above. No costs. (P.R. Raman, Judge.) (T.R. Ramachandran Nair, Judge.) ms