Kerala High Court Upholds Wife's Right to Gold Recovery and Maintenance Re-evaluation

Court orders husband to return 60 sovereigns of gold; remands maintenance claims for reconsideration due to non-disclosure of wife's income.

In a significant ruling, the Kerala High Court has partially allowed an appeal in the case of Noorjahan v. Raeez, directing the husband to return 60 sovereigns of gold ornaments to his estranged wife, Noorjahan, or pay their market value. The division bench, comprising Justices Sathish Ninan and P. Krishna Kumar, remanded the claims for past and future maintenance back to the Family Court due to the wife's non-disclosure of her employment income during the trial.

The legal battle began when Noorjahan filed multiple petitions, including those for divorce, recovery of money and gold ornaments, and maintenance for herself and her child. The Family Court had previously dismissed her claims for the recovery of gold and money, while partly allowing her maintenance claims. Dissatisfied with the Family Court's order, both parties pursued appeals.

The High Court's judgment highlighted the evidence presented by Noorjahan, including photographs and a gold shop estimate, which corroborated her possession of 90 sovereigns of gold at the time of marriage. Despite the respondent's objections and claims that the ornaments were pledged, the court found the evidence credible and ordered the return of 60 sovereigns.

Regarding the maintenance claims, the court noted Noorjahan's failure to disclose her employment income during the trial. This non-disclosure impeded the Family Court's ability to assess relevant factors for determining maintenance. Consequently, the High Court set aside the Family Court's orders concerning maintenance for the wife and remanded the matter for fresh consideration, emphasizing the necessity of full financial disclosure.

The court also directed the husband to continue paying Rs. 8,000 per month as interim maintenance to Noorjahan until a final decision is reached by the Family Court. The court's directions aim to ensure a fair reassessment of maintenance claims, considering the wife's admitted income and all pertinent details.

This judgment underscores the importance of transparency in financial disclosures in maintenance cases and reaffirms the legal rights of spouses to reclaim their possessions post-marriage dissolution.

Statutory provision(s): Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 125 of the Code of Criminal Procedure, Judgment in Rajnesh v. Neha (AIR 2021 SC 569).

Noorjahan v. Raeez, (Kerala)(DB) : Law Finder Doc Id # 2796724