Kerala High Court
John vs Rosily on 2 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942
OP (FC).No.52 OF 2018
AGAINST THE ORDER/JUDGMENT IN OP 172/2017 DATED 22-11-
2017 OF FAMILY COURT, IRINJALAKUDA
PETITIONER:
JOHN, S/O. KUNJUVAREED, AGED 62 YEARS,
KAVUNGAL HOUSE, CHETTIKKULAM DESOM, KODASSERI
VILLAGE, CHALAKKUDY TALUK.
BY ADVS.
SRI.C.A.CHACKO
SMT.C.M.CHARISMA
RESPONDENT:
ROSILY, W/O. KAVUNGAL JOHN, AGED 54 YEARS,
KAVUNGAL HOUSE, CHETTIKKULAM DESOM, KODASSERI
VILLAGE, CHALAKKUDY TALUK. NOW AT CHALAKKUDY
DESOM, KIZHAKKE CHALAKKUDY VILLAGE, CHALAKKUDY
TALUK, CHALAKKUDY P.O., THRISSUR DISTRICT-680
307.
R1 BY ADV. SRI.VIPIN NARAYAN
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
02-02-2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (FC).No.52 OF 2018
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JUDGMENT
Dated this the 2nd day of February 2021
A.Muhamed Mustaque, J
This original petition is filed challenging the order in I.A.
No. 458 of 2017 and in I.A. No. 874 of 2017 in O.P. No. 172 of
2017 on the file of the Family Court, Irinjalakkuda. The
petitioner is the husband of the respondent. I.A. No. 874 of
2017 was filed by the respondent herein to withdraw the interest
amount from the fixed deposits mentioned in the B schedule of
the petition. I.A. No. 458 of 2017 was filed by the petitioner
herein for injunction. The Family Court, by the common order,
produced as Ext.P7, directed the Manager of the Canara Bank,
permitting the respondent to withdraw one half of the monthly
interest amount from two Fixed Deposits and two Savings Bank
Accounts. The respondent herein was also restrained by an
OP (FC).No.52 OF 2018
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order of temporary injunction from creating any deed in respect
of the landed properties made mentioned in the A schedule in
the original petition.
2. Feeling aggrieved by the direction permitting the
respondent to withdraw the interest, this original petition was
filed in the year 2018. It is submitted at the Bar, based on the
impugned order, that the respondent is drawing one half of the
interest.
3. It is to be noted that the original petition is pending
before the Family Court since 2017. There appears some
adjudication of disputes between the parties before the Courts in
UAE. The petitioner, relying upon the judgment of the UAE
Court, would submit that the respondent cannot claim the
interest.
4. Taking note of the fact that the respondent is now
drawing the interest pursuant to the impugned direction, we, at
OP (FC).No.52 OF 2018
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this distance of time, do not want to interfere with the order.
Leaving open all the contentions to be urged before the Family
Court, we dispose of this original petition.
We make it clear that untrammeled by the observations in
the impugned order, the Family Court shall dispose of the
matter, as expeditiously as possible, at any rate, within a period
of six months.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
C.S.DIAS
JUDGE
PR
OP (FC).No.52 OF 2018
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF O. P. NO. 172/2017 FILED
BY PETITIONER BEFORE FAMILY COURT,
IRINJALAKKUDA.
EXHIBIT P2 TRUE COPY OF I.A. NO. 458/2017 IN O.P.
NO. 172/2017.
EXHIBIT P3 TRUE COPY OF ORDER DATED 2.3.2017 IN
I.A.NO. 458/2017 OF FAMILY COURT,
IRINJALAKKUDA.
EXHIBIT P4 TRUE COPY OF COUNTER FILED BY
RESPONDENT IN EXT. P2.
EXHIBIT P5 TRUE COPY OF ORDER DATED 11.4.2017 IN
I.A.NO. 458/2017 OF FAMILY COURT,
IRINJALAKKUDA.
EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 16.10.2017
OP(FC) NO. 298/2017.
EXHIBIT P7 TRUE COPY OF ORDER DATED 22.11.17 IN
IA NO. 458/2017 AND IA NO. 874/2017 IN
O.P. NO. 172/2017.
EXHIBIT P8 TRUE COPY OF JUDGMENT DATED 13.12.2017
IN APPEAL NO. 522/2017 OF AL-AIN COURT
OF APPEAL ALONG WITH ITS ENGLISH
TRANSLATION.
