Bindhu vs Ramabhadran
2023 Latest Caselaw 6244 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT

       THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                             &
         THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
  MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945

                  OP (FC) NO. 335 OF 2023
 AGAINST THE ORDER/JUDGMENT IN OP 29/2019 OF FAMILY COURT,
                         ATTINGAL

PETITIONER/1ST RESPONDENT:

  BINDHU
  AGED 45 YEARS, D/O.PADMINI
  BINU NIVAS, AYILAM DESOM, MUDAKKAL VILLAGE,
  ATTINGAL DESOM, THIRUVANANTHAPURAM, PIN- 695101.

  BY ADV M.R.SARIN


RESPONDENTS/PETITIONER/2ND RSSPONDENT:

1 RAMABHADRAN,
  AGED 55 YEARS, S/O.SADANADAN,
  AMBADI, PERETTIL, PERETTIL MOONGODE P.O,
  CHERUNNIYOOR, VARKALA TALUK, THIRUVANANTHAPURAM,
  PIN - 695141.

2 THE MANAGER
  IOB BANK, VARKALA BRANCH, THIRUVANANTHAPURAM,,
  PIN - 695141.

  BY ADVS.
  SUNIL SHANKAR A
  VIDYA GANGADHARAN(K/000424/2020)
  JERIN GEORGE(K/863/2023)

     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(FC) No.335 of 2023                 2


                    A.MUHAMED MUSTAQUE &
                        SOPHY THOMAS, JJ.
              --------------------------------------------
                     O.P (FC) No.335 of 2023
              --------------------------------------------
                Dated this the 12th day of June, 2023

                           JUDGMENT

Sophy Thomas, J.

The petitioner/wife suffered an ex parte decree in

O.P No.29 of 2019 on the file of Family Court, Attingal, filed by

her husband, for a declaration that A schedule gold ornaments

and B schedule documents belong to him and so, the

respondents had to be directed to open the Bank locker to hand

over those articles. She filed I.A No.1 of 2023 before Family

Court, Attingal to set aside the ex parte decree. Meanwhile, the

husband is proceeding to execute the decree for taking the gold

ornaments and documents from the locker of the 2nd

respondent-Indian Overseas Bank. So, she approached this

Court for a direction to the Family Court to dispose I.A No.1 of

2023 within a time frame, and till then, for a direction to the 2nd

respondent not to hand over the gold ornaments and documents

to the 1st respondent.

2. Considering the nature of relief sought, no notice was

sent to the respondents.

Ext.P3 application filed by the original petitioner is pending

consideration of the Family Court, Attingal, for setting aside the

ex parte decree in O.P No.29 of 2019. That petition was filed on

17.05.2023. We hereby direct the Family Court, Attingal, to

dispose that application within a period of three weeks from

today and till such time, the 2nd respondent-Bank shall not hand

over the gold ornaments and documents kept in locker No.524 of

Indian Overseas Bank, Varkala Branch, to the 1st respondent or

any other person claiming under him.

With these directions, above OPFC is disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE smp

APPENDIX OF OP (FC) 335/2023

PETITIONER EXHIBITS

Exhibit THE TRUE COPY OF THE O.P NO 29/2019 FILED BY THE P1 1ST RESPONDENT HEREIN ON THE FILE OF FAMILY COURT ATTINGAL DATED 8/1/2019

Exhibit THE TRUE COPY OF THE JUDGEMENT PASSED BY THE P2 HON'BLE FAMILY COURT, ATTINGAL IN O.P NO 29/2019 DATED 13/12/2022 BEFORE HON'BLE FAMILY COURT, ATTINGAL

Exhibit . THE TRUE COPY OF THE I.A 1/2023 O.P NO 29/2019 P3 BEFORE HON'BLE FAMILY COURT, ATTINGAL DATED 17/5/2023

Exhibit THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND P4 RESPONDENT TO THE PETITIONER ON 24.04.2023

Exhibit THE TRUE COPY OF JUDGEMENT OP(FC) NO 257/2023 P5 DATED ON 26.05.2023

True Copy

P.S to Judge

smp