Supreme Court in the case titled as Priya Prabhakaran vs D Santhosh Kumar on 06.12.2019 has held that if husband fails to return the gold items to wife, he has to pay the value of the gold on the date when repayment is made and not in respect of the date of application filed by the wife.
Supreme Court observed and held as under:
"The main issue which falls for determination in the present appeal is whether the High Court was justified in modifying the order of the appellate court by restricting the value of fifty one sovereigns of gold at Rs 4,59,000, the value which was quantified on the date of the filing of the application.
Having heard Mr V Shekhar, learned Senior Counsel appearing on behalf of the appellant and Mr Joseph Aristotle S, learned counsel appearing for the respondent and Mr.Nishe Rajen Shonkar, learned counsel for the State, we are of the view that there was no justification for the High Court to modify the order which was passed by the first appellate court.
The appellant sought the return of her gold ornaments weighing fifty one sovereigns and, in the alternative, the money equivalent which was quantified at Rs 4,59,000 on the date of the filing of the application.
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The Trial Court did not grant the relief which was sought but in appeal the Additional District and Sessions Judge correctly directed the return of fifty one sovereigns of gold or, in the alternative, the equivalent of their current market value.
The order of the High Court directing the first respondent to pay an amount of Rs 4,59,000 which was the value in 2008 will result in a miscarriage of justice.
If the first appellant cannot have the return of the fifty one sovereigns of gold in her possession she is entitled to the refund of the value of the fifty one sovereigns on the date of the repayment. Mr Shonker has placed on record the applicable rates for gold which are not in dispute. The value of fifty one sovereigns (equivalent to 480 gms) works out to Rs 15,25,920".
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