Return of gold ornaments
In matrimonial cases concerning the recovery of gold ornaments, the burden of initial proof lies with the wife to establish the entrustment of those assets to her husband.
The initial onus of proof is on the wife to substantiate that the amount and the gold ornaments were misappropriated by the husband and his family, and that money was entrusted to them in trust at the time of marriage.
Specific pleadings and details needed
The High Court of Kerala (HC) in Jencin Mathew v Boby P Augustine observes that in a petition filed for return of gold ornaments and money, there should be specific pleadings and evidence describing the details of the gold ornaments and the amount that were entrusted at the time of marriage.
The judgement relies on the previous judgements in Bhaskaran v Radha [2019 (3) KHC 960], Abubakker Labba v. Shameena [2018 (3) KLT 196] and in Shinu P.K v Dhanya Madhavan [2013 (3) KHC 735].
Upon entrustment the husband become the trustee
The HC in N.P.Leelamma v M.A.Moni says when gold ornaments and the amount given to the wife in connection with the marriage were entrusted to the husband, then it will be in the nature of a trust and so long as the marital relationship continues, the trust created also will continue till the dissolution of marriage.
Further when there is a trust created, by virtue of Section 10 of the Trust Act, there is no limitation so long as the trust continues. So, under such circumstances, once it is proved that gold ornaments were entrusted by the wife to the husband, then the burden is on the husband to prove as to what happened to the gold ornaments and if it is taken by the wife when she left the matrimonial home, the same has to be proved by the husband.
If wife proved initially, the burden shifts to husband
The initial burden to prove the entrustment lies with the wife. She must provide specific details regarding how and when the gold and money were entrusted. If the husband denies the claim, the burden shifts to him to account for the property.
References
- Jencin Mathew v Boby P Augustine
- N.P.Leelamma v M.A.Moni
- Bhaskaran v Radha [2019 (3) KHC 960]
- Abubakker Labba v. Shameena [2018 (3) KLT 196]
- Shinu P.K v Dhanya Madhavan [2013 (3) KHC 735]
