Strict Proof Not Needed for Return of Gold Handed Over to In-Laws by Married Women: Kerala High Court

The Kerala High Court has held that courts should adopt a practical and realistic approach while deciding cases where married women seek the return of gold ornaments entrusted to in-laws.

A Division Bench said strict legal proof cannot be expected, as such ornaments are often handed over in trust without documentation

In such cases, courts should rely on the standard of preponderance of probabilities. The ruling came in a case where a widow sought return of 81 sovereigns of gold from her in-laws.

The Court upheld the family court’s direction to the mother-in-law to return 53 sovereigns, citing credible evidence including jewellery bills and wedding photos.