Kerala High Court Rules on Return of Gold Ornaments in Matrimonial Disputes: A Landmark Judgment on Women's Sreedhan Rights: in Mat. Appeal No. 291 of 2020

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In a recent ruling, the Kerala High Court, in its judgment delivered on April 11, 2025, addressed the issue of the return of gold ornaments in matrimonial disputes. The case, Mat. Appeal No. 291 of 2020, arose from a petition filed by a woman seeking the return of gold ornaments and household articles from her husband after a marital discord.

Key Facts of the Case:

  • The marriage between the petitioner (wife) and the respondent (husband) took place on September 9, 2010, and the couple had a child born in December 2011.

  • At the time of marriage, the petitioner received 63 sovereigns of gold ornaments from her parents, and her relatives also gifted her 6 sovereigns. Additionally, a gold chain weighing 2 sovereigns was given to the respondent by the petitioner’s parents.

  • Disputes began when the respondent demanded an amount of Rs. 5 lakh from the petitioner’s father for a real estate deal, which the father could not fulfill. This led to marital discord.

  • The petitioner claimed that most of the gold ornaments were in the custody of the respondent, who shifted them to his parent's house for safekeeping after the wedding.

Court's Analysis:

  • The petitioner testified that after the marriage, except for a few ornaments she used regularly, all the gold was kept in the matrimonial home and later shifted to the respondent's parents' house.

  • The respondent denied the allegations, claiming that the petitioner had taken the ornaments when she went to her parental home for pregnancy care.

  • Despite this, the court acknowledged the difficulty in presenting documentary evidence of the ornaments' ownership, a common issue in such familial disputes.

  • The court relied on the principle of "preponderance of probabilities," recognizing that while there was no written proof, the petitioner’s claim that the ornaments were in the respondent's possession seemed more probable.

Key Legal Principles:

  • Sreedhan (Dowry): The court reiterated that gold ornaments given to a bride at the time of marriage are considered her exclusive property (Sreedhan). Misappropriation of these valuables by the husband or in-laws is common in many cases.

  • Preponderance of Probabilities: In civil cases, the standard of proof is based on the balance of probabilities. The petitioner was able to establish that the respondent had possession of the gold ornaments, even though she couldn’t provide written proof.

  • Adverse Inference: The respondent’s failure to testify and present his case under oath led the court to draw an adverse inference against him, in line with previous rulings by the Supreme Court.

Court's Decision:

  • Gold Ornaments: The court ruled in favor of the petitioner, directing the respondent to return 59½ sovereigns of gold ornaments or their market value.

  • Household Articles: The court, however, dismissed the claim regarding the return of household articles (Schedule B), as the petitioner did not provide sufficient evidence of their misappropriation.

Conclusion:

The Kerala High Court's ruling highlights the legal rights of women to their Sreedhan (dowry) and stresses the importance of the preponderance of probabilities when documentary evidence is hard to come by. It also underscores the court's responsibility to ensure fairness in matrimonial disputes, particularly when one party fails to testify.

This judgment serves as a reminder that matrimonial disputes involving dowry and personal belongings require a nuanced approach, focusing on both legal principles and the realities of family dynamics.


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