Kerala High Court
Joy John vs Shelly on 5 February, 2021
1
OP (FC).No.49 OF 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
OP (FC).No.49 OF 2021
AGAINST THE ORDER/JUDGMENT I.A No.4189/2017 IN OP 2478/2017 OF
FAMILY COURT,ERNAKULAM
PETITIONER/S:
JOY JOHN,
AGED 50 YEARS
S/O. JOHN, VARIKKASSERY HOUSE, MUTHRATHIKKARA
DESOM, PARAPPUKKARA P.O, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT 690 310
BY ADV. SRI.N.L.BITTO
RESPONDENT/S:
1 SHELLY,
AGED 46 YEARS
W/O. JOY JOHN, VARIKKASSERY HOUSE, GOLDEN NEST
RESIDENTS ASSOCIATION, INFENT JESUS ROAD,
PERUMPADANNA, NORTH PARAVUR P.O, ERNAKULAM
DISTRICT, PIN 683513
2 THE SECRETARY,
KARUVANNOOR CO-OPERATIVE BANK LTD, KARUVANNOOR
BRANCH, KARUVANNUR P.O, THRISSUR DISTRICT PIN 680
001
R1 BY ADV. SHRI.M.V.S.NAMPOOTHIRY
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP (FC).No.49 OF 2021
A.MUHAMED MUSTAQUE & C.S.DIAS, JJ.
======================
OP(FC) No.49 of 2021
======================
Dated this the 5th day of February, 2021.
JUDGMENT
A.MUHAMED MUSTAQUE , J.
This original petition was filed challenging the order in I.A
No.4189/2017 in OP No.2478/2017 on the files of the Family
Court, Ernakulam.
2. The above Interlocutory Application was filed by the
petitioner to withdraw the amount in the fixed deposit that
stands in the name of both the petitioner and the first
respondent in the Karuvannoor Service Co-operative Bank. The
application has been disposed of. The operative portion of the
order is as follows:
In the result, IA 4189/2017 is allowed in part permitting the
petitioner to withdraw interest accrued on half of the petition
schedule deposit from the second respondent. He shall remit back
the excess amount already collected from the second respondent on
a mistaken notion of the earlier impugned order in the petition on
hand within one month from the date of receipt of the certified copy
of this order.
3. Admittedly, the fixed deposit stands in the joint names.
OP (FC).No.49 OF 2021
We do not want to enter into the merits of the controversy. The
matter is pending before the Family Court, Ernakulam. Any
way, impugned order will be subject to the outcome of the final
order in the matter. We are of the view that the Family Court
untrammeled by the findings and observations in the impugned
order shall dispose the original petition as expeditiously as
possible. There is no scope for interference with the impugned
order invoking power under Article 227 of the Constitution of
India.
The original petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
C.S.DIAS
SKS/5.2.2021 JUDGE
OP (FC).No.49 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ORIGINAL PETITION OP
2478 OF 2017 BEFORE THE FAMILY COURT
ERNAKULAM DATED 19-12-2017
EXHIBIT P2 A TRUE COPY OF THE OBJECTION FILED BY THE
1ST RESPONDENT IN OP 2478 OF 2017 BEFORE
THE FAMILY COURT ERNAKULAM DATED 26-1-2018
EXHIBIT P3 A TRUE COPY OF THE APPLICATION FILED BY THE
PETITIONER AS IA 4189 OF 2017 IN O.P 2478
OF 2017 OF THE FAMILY COURT ERNAKULAM DATED
19-12-2017
EXHIBIT P4 A TRUE COPY OF OBJECTION FILED BY THE
RESPONDENT IN IA 4189 OF 2017 IN OP 2478 OF
2017 OF THE FAMILY COURT ERNAKULAM DATED
10-06-2019
EXHIBIT P5 A TRUE COPY OF THE ORDER PASSED BY THE
FAMILY COURT ERNAKULAM IN IA 4189 OF 2017
IN OP 2478 OF 2017 OF THE FAMILY COURT
ERNAKULAM DATED 19-07-2019
EXHIBIT P6 A TRUE COPY OF THE ORDER PASSED IN OP(FC)
51 OF 2020 OF THE HONOURABLE HIGH COURT OF
KERALA DATED 21-07-2020
EXHIBIT P7 A TRUE COPY OF THE ORDER PASSED IN IA 4189
OF 2017 IN OP 2478 OF 2017 OF THE FAMILY
COURT ERNAKULAM DATED 18-11-2020
