Kerala High Court
Abhilash Mohan vs Aswathi Pramod on 6 August, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
2025:KER:58724
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
OP (FC) NO. 451 OF 2025
AGAINST THE ORDER DATED 26.07.2025 IN IA 2/2023 IN
OP NO.1600 OF 2023 OF FAMILY COURT, KOZHIKODE
PETITIONER/PETITIONER:
ABHILASH MOHAN, AGED 39 YEARS
S/O MOHANACHANDRA MENON,
SARASWATHI VILASAM, PUNNAYAM,
ASAMANNOOR P.O. ERNAKULAM, PIN - 683549.
BY ADVS.
SRI.BASIL CHANDY VAVACHAN
SMT.CHARUTHA BHAIJU
SMT.CHANDHANA BHAIJU
SHRI.BASIL SAJAN
SMT.FATHIM NAVAS
SMT.KAVYA RANI JAYAPRAKASH
SMT.LEKSHMI PRIYA V.
SHRI.MUHAMMED SHUHAIB A.S.
RESPONDENT/RESPONDENT NOS 1,2,3:
1 ASWATHI PRAMOD, AGED 35 YEARS
D/O PRAMOD KUMAR, VARADA,
SADANAM ROAD, ERANHIPALAM,
KOZHIKODE, PIN - 673020.
2025:KER:58724
OP (FC) NO. 451 OF 2025
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2 DISTRICT TREASURY OFFICER,
DISTRICT TREASURY, CIVIL STATION,
KOZHIKODE, PIN - 673020.
3 THE SECRETARY
VADAKARA TOWN CO-OPERATIVE URBAN SOCIETY
VADAKARA KOZHIKODE, PIN - 673101.
BY ADVS. SRI.T.SHAJITH
SHRI.NAJAH EBRAHIM V.P.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 06.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP (FC) NO. 451 OF 2025
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JUDGMENT
Devan Ramachandran, J.
The petitioner challenges Ext.P1 order of the learned Family Court, Kozhikode, through which, an attachment over the Fixed Deposit in question, admittedly the name of the 1st respondent, has been vacated.
2. Sri.Basil Chandy Vavachan - learned counsel for the petitioner, submitted the specific contention of his client is that the proceeds of the Fixed Deposit belong to him; and hence that, if the attachment is lifted, the 1st respondent will withdraw the same, making the Original Petition itself redundant. He thus prayed that Ext.P1 order be set aside.
3. However, in response, Sri.T.Shajith -
2025:KER:58724 OP (FC) NO. 451 OF 2025 -4- learned counsel for the 1st respondent, submitted that his client is finding it difficult to take care of herself and her children because, the petitioner is refusing to offer them any amount by way of maintenance. He explained that his client is now living on the interest that she can draw from the Fixed Deposit, including for the benefit of the children - one of whom is autistic; and thus prayed that Ext.P1 be not interdicted. He added that the 1st respondent is struggling to garner enough fiscal resources since the second child - who is autistic - requires special care, for which considerable amount of money is required.
4. We do not propose to go into the merits of the contentions between the parties for the singular reason that the Original Petition is still pending 2025:KER:58724 OP (FC) NO. 451 OF 2025 -5- before the learned Family Court.
5. We also notice that, in Ext.P1, most of the allegations have been recorded and there has been some reference to it also on merits. We are sure that this was necessary because, those are matters that ought to have been left to be decided after the trial was over.
6. As matters now stand, there is a pointed controversy between the parties with respect to the Fixed Deposit. When the mother says that she has no other income, but to draw the interest from the Fixed Deposit - with her undertaking before us that she will not close it
- we see no reason why she should not be allowed to do so. This is more so when the learned counsel for the petitioner affirms that, though he was taking care of his family earlier, he is 2025:KER:58724 OP (FC) NO. 451 OF 2025 -6- not making any payment of maintenance as of now.
7. To paraphrase, we are left without doubt that, though the Fixed Deposit cannot be allowed to be withdrawn, its accrued and future interest must be allowed to be used by the 1 st respondent for the benefit of herself and her children, especially adverting to the need of the second among them.
8. Since the learned counsel on both sides are in affirmation of the above arrangement, we are now spared of writing anything further, but to close this matter on the limited consensus that we have obtained.
In the afore circumstances, we allow this Original Petition to the limited extent of directing the 1st respondent not to withdraw the Fixed Deposit in question, but with liberty being reserved to her to draw the accrued and future interest on it and use it for the benefit of herself 2025:KER:58724 OP (FC) NO. 451 OF 2025 -7- and the children.
The learned Family Court will proceed to dispose of the Original Petition on its merits, after affording necessary opportunities to both sides; but without being, in any manner, influenced, trammelled or fettered by anything which it has recorded in Ext.P1 order.
Sd/-
DEVAN RAMACHANDRAN JUDGE Sd/-
M.B.SNEHALATHA
akv JUDGE
2025:KER:58724
OP (FC) NO. 451 OF 2025
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APPENDIX OF OP (FC) 451/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE CARBON COPY OF THE ORDER DATED
26/07/2025 IN IA NO.2/2023 IN OP NO. 1600/2023 OF THE HONOURABLE FAMILY COURT, KOZHIKODE EXHIBIT P2 THE TRUE COPY OF OP NO. 1600/2023 IN THE FILE OF HONORABLE FAMILY COURT, KOZHIKODE EXHIBIT P3 THE TRUE COPY OF THE I.A NO. 2/2023 IN O.P NO. 1600/2023 BEFORE THE HONOURABLE FAMILY COURT, KOZHIKODE EXHIBIT P4 THE TRUE COPY OF THE INJUNCTION ORDER DATED 27/09/2023 IN IA. NO. 2/2023 IN OP. NO. 1600/2023 IN HONOURABLE FAMILY COURT, KOZHIKODE EXHIBIT P5 THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT NO.3 DATED 30/11/2023 IN OP. NO. 1600/2023 IN HONOURABLE FAMILY COURT, KOZHIKODE EVIDENCING THE WITHDRAWAL EXHIBIT P6 THE TRUE COPY OF THE COUNTER IN OP.NO. 1600/2023 EXHIBIT P7 THE TRUE COPY OF THE COUNTER IN IA. 2/2023 IN OP.NO. 1600/2023 EXHIBIT P8 THE TRUE COPY OF THE REPORT DATED 07/09/2023 FILED BY THE POLICE IN CONNECTION WITH THE CRIME NO. 874/2023 2025:KER:58724 OP (FC) NO. 451 OF 2025 -9- OF NADAKKAVU POLICE STATION, KOZHIKODE EXHIBIT P9 THE TRUE COPY OF THE ORDER DATED 13/09/2023 IN CRL.MC NO. 413/2023 BEFORE THE HONOURABLE ADDITIONAL DISTRICT AND SESSIONS FOR THE TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE TOWARDS WOMEN AND CHILDREN, KOZHIKODE EXHIBIT P10 THE TRUE COPY OF THE RE-INVESTIGATION REQUEST DATED 27/02/2025 AGAINST THE RESPONDENT NO.1 AND MR. SANGEETH IN CONNECTION WITH THE CRIME NO.874/2023 OF NADAKKAVU POLICE STATION