Vijayan vs Sindhu
2021 Latest Caselaw 2620 Ker

         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 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                    OP (FC).No.647 OF 2019

   AGAINST THE ORDER/JUDGMENT IN EP 15/2019 OF FAMILY
                      COURT,KOLLAM


PETITIONER:

              VIJAYAN, AGED 57 YEARS, S/O AYYAPPAN,
              PUTHANPURAYIL, PANMANA VILLAGE , PORUKKARA
              CHERRY, EDAPPALLYKKOTA P.O, KOLLAM,

              BY ADVS.
              SRI.M.KIRANLAL
              SRI.MANU RAMACHANDRAN
              SRI.T.S.SARATH
              SRI.R.RAJESH (VARKALA)

RESPONDENTS:

     1        SINDHU, AGED 49 YEARS, D/O RAVI, VAYALIL
              VEEDU, AISHWARYA NAGAR, WARD -2,
              SHAKTIKULANGARA P.O,KOLLAM 691 581

     2        THE MANAGING DIRECTOR, KERALA MINERALS AND
              METALS LTD, CHAVARA, KOLLAM- 691 583

              R1 BY ADV. SMT.T.S.MAYA (THIYADIL)
              R1 BY ADV. SMT.C.VIJAYAKUMARI

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.647 OF 2019

                              ..2..




                         JUDGMENT

Dated this the 22nd day of January 2021

A.Muhamed Mustaque, J

This original petition was filed challenging the order in

E.A. 39/2019 in E.P. 15/2019 on the file of Family Court,

Kollam. That order was passed directing the garnishee to

deposit rupees Seven lakh out of retirement benefits payable to

the petitioner. Petitioner is the retired employee of the Kerala

Minerals and Metals Ltd. This order is impugned before this

Court.

2. It is to be noted that the Family Court only passed an

order directing the garnishee to deposit rupees Seven Lakhs

before the Court below in execution. The appropriation of the

amount as against the liability of the petitioner is yet to be

decided by the Execution Court. There is no reason for OP (FC).No.647 OF 2019

..3..

interfering with this order under Article 227 of the Constitution

of India. The petitioner is free to raise any objection in regard

to appropriation of the amount before the Execution Court.

With liberty as above, the original petition is dismissed.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

C.S.DIAS

JUDGE

PR OP (FC).No.647 OF 2019

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APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PPLICATION TO SET ASIDE THE EX-PARTE DECREE

EXHIBIT P2 A TRUE COPY OF THE APPLICATION TO CONDONE THE DELAY

EXHIBIT P3 A TRUE COPY OF THE EP

EXHIBIT P4 A CERTIFIED COPY OF THE ORDER IN EA 39/2019