Ushakumari D. vs Devabalan
2021 Latest Caselaw 10290 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

      THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                              &

     THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH

 FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                    OP (FC).No.343 OF 2020

 AGAINST THE ORDER/JUDGMENT IN OP 293/2014 DATED 11-06-
            2020 OF FAMILY COURT,TRIVANDRUM


PETITIONER:

              USHAKUMARI D., AGED 47 YEARS, D/O. DEVAKI,
              DESPATCH SECTION, DIVISIONAL RAILWAY MANAGER
              OFFICE, THYCAUD P. O., THIRUVANANTHAPURAM -
              695 014.

              BY ADV. SRI.K.RAJESH KANNAN

RESPONDENT:

              DEVABALAN, S/O. SREEDHARAN, KAVUVILA VEEDU,
              PATTAKULAM, VEERANAKAVU P. O., KATTAKADA,
              THIRUVANANTHAPURAM - 695 572.

              R1 BY ADV. SRI.ALIAS M.CHERIAN
              R1 BY ADV. SMT.ANJALY ELIAS

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC).No.343 OF 2020

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                           JUDGMENT

Dated this the 26th day of March 2021 A.Muhamed Mustaque, J

The matter is very simple and the dispute is in

regard to the releasing of RC book of KL-21-B-3697

Alto Car to the petitioner; who is alleged to be the

owner of the vehicle. The car was originally with

the respondent-husband. That has been returned to

the petitioner-wife consequent upon the interim

order passed by the Family Court. Thereafter, the

petitioner-wife filed an application to get the

original RC book of the car. The stand of the

respondent-husband is that he does not have the

original RC book. In the impugned order, the Family

Court found that there is nothing on record to

establish that the RC book and key are with the

respondent-husband.

2. However, the learned counsel for the

petitioner pointed out that as per Ext.P4 order, the

Family Court directed the respondent to produce the

original RC book and key within a period of three OP (FC).No.343 OF 2020

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weeks. It is to be noted that the respondent all

along contended that he does not have the original

RC book. The stand of the respondent is that he is

not in possession of the RC book. According to him,

the RC book was in the Bank. The vehicle is

admittedly, hypothecated with the State Bank of

Travancore.

3. The learned counsel for the petitioner's

argument is mainly based on Ext.P4 order, wherein

the Family Court ordered return of the Car and the

RC book. It is to be noted that it is only an

interim order. It is always open for the Court

which passed the interim order to take a different

stand at a later stage. There is no clear finding

in the earlier order that the original of the RC

book is in possession of the respondent. However,

taking note of the practical difficulty of the

petitioner, we are of the view that the petitioner

can either collect the RC book from the State Bank

of Travacore wherein the vehicle is hypothecated or

if it is not available, she can apply for a

certified copy. The respondent has no objection in OP (FC).No.343 OF 2020

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issuing a duplicate RC book. No objection of the

respondent is recorded. The competent

jurisdictional RTO shall, on such application made

by the petitioner for a duplicate RC book, issue

the same based on this order.

4. However, we leave open the issue regarding

the custody of the RC book. If at an appropriate

stage, the petitioner is able to point out that the

respondent is in possession and he had suppressed

the same before the Court, the petitioner can

initiate prosecution proceedings before the Family

Court as against the respondent.

This original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

DR. KAUSER EDAPPAGATH

JUDGE

PR OP (FC).No.343 OF 2020

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APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE O.P.NO.293/2014 ON THE FILE OF HONOURABLE FAMILY COURT, THIRUVANANTHAPURAM DATED NIL.

EXHIBIT P2 TRUE COPY OF THE I.A.NO.577/2014 IN O.P.NO.293/2014 ON THE FILE OF HONOURABLE FAMILY COURT, THIRUVANANTHAPURAM DATED NIL.

EXHIBIT P3 TRUE COPY OF THE OBJECTION TO THE SAID EXHIBIT P2 PETITION DATED 6.2.2015.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 20.02.2015 IN I.A.NO.577/2014 IN O.P.NO.293/2014 OF THE FAMILY COURT, THIRUVANANTHAPURAM.

EXHIBIT P5 TRUE COPY OF THE PETITION FILED BY THE PETITIONER AS I.A.NO.1157/2015 IN O.P.NO.293/2014 ON THE FILE OF THE FAMILY COURT, THIRUVANANTHAPURAM DATED 4.5.2015.

EXHIBIT P6 TRUE COPY OF THE OBJECTION TO I.A.NO.1157/2015 IN O.P.NO.293/2014 ON THE FILE OF FAMILY COURT, THIRUVANANTHAPURAM DATED 22.5.2015.

EXHIBIT P7 TRUE COPY OF THE PETITION FILED BY THE PETITIONER AS I.A.NO.1849/2015 IN O.P.NO.293/2014 ON THE FILE OF THE FAMILY COURT, THIRUVANANTHAPURAM DATED 21.7.2015.

EXHIBIT P8 TRUE COPY OF THE OBJECTION DATED 17.09.2015 TO THE SAID EXHIBIT P7 PETITION.

OP (FC).No.343 OF 2020

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EXHIBIT P9 TRUE COPY OF THE ORDER DATED 27.10.2015 IN I.A.NO.1849/2015 IN O.P.NO.293/2014 OF THE FAMILY COURT, THIRUVANANTHAPURAM.

EXHIBIT P10 TRUE COPY OF THE ORDER DATED 11.06.2020 IN I.A.NO.1157/2015 IN O.P.NO.293/2014 OF THE FAMILY COURT, THIRUVANANTHAPURAM.