Thomas M.Varghese vs Sonia Susan Thomas on 22 July, 2014
13. Learned counsel for the respondent husband had
relied upon a judgment of this Court in Thomas M.Varghese v.
Sonia Susan Thomas (2014 (3) KLT 487). That was also a case
in which wife had claimed return of gold ornaments or its
equivalent value. But the appeal was filed by the husband.
Family Court directed return of the value of gold ornaments.
During the course of hearing, in the appeal filed by the husband,
wife made a claim that instead of value of gold ornaments, there
should be a direction to return the gold ornaments as such. It was
observed that in the absence of any appeal or cross appeal, it is
not possible for the appellate Court to modify the judgment at
the instance of the respondent. The factual circumstance in the
said case has no application to the present facts as in the present
matter, appeal has already been filed by the wife claiming return
of gold ornaments or its present value.