Woman cannot strictly prove entrustment of gold
in cases concerning the gold and cash given to a woman during her marriage, the courts should apply the principle of preponderance of probabilities as documentary proof of entrustment is not often available for the transaction.
Therefore, it becomes quite impossible for the woman to produce documentary evidence proving ownership or misappropriations and in such situations it become duty bound for the courts to rely on the principle of preponderance of probabilities to deliver justice, says the High Court of Kerala (HC) in xxx v yyy [2025:KER:32891].
Wife has the duty to initially prove the entrustment
However in another judgement cited below, the HC says the wife has to initially prove the entrustment. Mere assertions, without any trace of evidence, are not sufficient to grant a decree by the family court.
What preponderance of probability means
The High Court explained that preponderance of probability means the court has to see which party’s version is more plausible.
There is no absolute requirement of certainty or eliminating all doubts.
Basic facts of the case
The present appeal concerns the claim of the wife that 65 1/2 sovereigns of gold she got during her marriage was with her husband and she was entitled to get back that. The husband refuted the claim and said that she had taken all her gold with her when she left the home.
The wife had deposed before the court that she left her matrimonial home with her parents for pregnancy care. After that, she did not return to her matrimonial home due to issues between her husband.
The High Court observed that it was highly improbable that she took her ornaments with her at that time. The High Court held that the wife has proved that 59 1/2 sovereigns of her gold ornaments was with her husband and that she was entitled to get it back.
The wife has to prove initially
In an earlier judgement in Mohandas v Sunitha Mohandas [2024:KER:81527], the High Court of Kerala says that in a claim for return of gold ornaments and money, the wife has to initially prove the entrustment. Mere assertions, without any trace of evidence, are not sufficient to grant a decree by the family court,
Reference
- xxx v yyy [2025: KER:32891]
- Mohandas v Sunitha Mohandas [2024: KER:81527]
