Anwar vs Leena Latheef
2023 Latest Caselaw 8522 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
       THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                              &
       THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
  MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                  OP (FC) NO. 469 OF 2023
 AGAINST THE ORDER IN I.A.NO.1/2023 IN OP(OTHERS) 560/2023
                 OF   FAMILY COURT, PUNALUR
                          --------
PETITIONER/S:

         ANWAR, AGED 50 YEARS, S/O. ABDUL AZEEZ,
         RESIDING AT RVQARA HOUSE NO. 99 THEVALLY.P.O.,
         KOLLAM, FROM KALAVARA VEEDU, WEST VILLAGE,
         KOLLAM, PIN - 691007.
         BY ADVS.
         S.SREEKUMAR (KOLLAM)
         K.VIJAYAN
         NAMITHA RAJESH


RESPONDENT/S:

         LEENA LATHEEF, AGED 36 YEARS,
         W/O. LATHEEF, RESIDING AT LEENA COTTAGE,
         ALAYAMON VILLAGE, ANCHAL, PUNALOOR TALUK,
         KOLLAM, PIN - 691306.
         BY ADVS.
         K.V.ANIL KUMAR
         SWAPNA VIJAYAN(K/001165/2006)
         RADHIKA S.ANIL(K/000183/2019)


THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(FC) No.469/2023                   2




                               JUDGMENT

A.Muhamed Mustaque, J.

The dispute between husband and wife is regarding a

motor car. The motor car admittedly stands in the name of

the wife. In the pending matter, the wife filed an

application to return the motor car to her. The husband

contended that he has spent the money to purchase the

motor car and therefore, he is entitled to retain the car.

The Family Court passed a detailed order ordering that the

vehicle has to be returned to the wife and in the event,

the husband is able to prove that at the time he has paid

the entire amount, he can recover the same. We find no

reason to interfere with the impugned order.

The original petition is dismissed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

MOHAMMED NIAS C.P.

JUDGE ln

APPENDIX OF O.P.(FC) NO.469/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE PETITION IN O.P.

(OTHERS) NO.560/2023 PENDING BEFORE THE FAMILY COURT, PUNALUR.

EXHIBIT P2 THE TRUE COPY OF THE PETITION IN I.A.NO.1/2023 IN OP(OTHERS) 560/2023 OF THE FAMILY COURT, PUNALUR. EXHIBIT P3 THE TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER AGAINST EXHIBIT- P2 APPLICATION.

EXHIBIT P4 THE TRUE COPY OF THE IMPUGNED ORDER DATED 19.7.2023 IN I.A NO. 1/2023 IN OP(OTHERS) NO. 560/2023 OF THE FAMILY COURT, PUNALUR.