Return of ornaments- family court case - evidence - evaluation

The question is what should be the evidence to be adduced by wife to prove that she has interested her ornaments with with her husband and in laws in accordance to the trust in the marriage. 

The family court allowed the claim of wife seeking for recovery of value of gold ornaments. However the high court interfeared in that judgement on a finding that the wife has not proved the mode and manner of such acquisition of alleged gold.

The supreme court set aside the judgement of High court of Kerala stating that it was not a criminal trial were the chain of circumstances had to be complete and conclusively proved without any missing link. The court held that weighing the evidence on record being what they are and on a preponderance of probabilities, it has established a stronger and more acceptable case. 

2024 KHC ONLINE 8184 Supreme Court 

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