Kerala High Court has given a big decision regarding jewelry and other material in the case of divorce. While giving the verdict, the court said that the wife can ask back the gold ornaments and material handed over to her husband during marriage only when she proves that she had handed over the ornaments to the husband.
The Kerala High Court has made this comment while dismissing the petition in a case challenging the decision of the Family Court. A bench of Justices Anil K Narendran and PG Ajit Kumar, while hearing the case, said that keeping the gold ornaments of the wife in a locker made in the name of the husband cannot be tantamount to handing it over to him.
Appeal in Kerala High Court
In fact, a woman had appealed in the Kerala High Court challenging the order of the Family Court. She had claimed that the ornaments were handed over to her husband during the marriage. While hearing the appeal of the woman, the High Court dismissed the petition saying that the claim cannot be made for the recovery of money and gold ornaments.
Wife can demand return
During this, the High Court said that only after the fact of handing over gold ornaments to the husband is proved, the wife can demand their return. The bench also referred to the arguments adopted in Abubakkar and Shamina KB and other cases. The High Court had said that merely on the basis of evidence that the bride wore gold ornaments at the time of marriage, it cannot be said that the ornaments worn at the time of marriage must have been handed over to the groom's father and mother.
Application for divorce in court
According to media reports, the wife had alleged that Rs 5 lakh was given for the engagement. The court dismissed the petition while hearing the case of Vinod vs. Sophie. After marriage in 2002, in 2010, the husband filed an application for divorce in the court.
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