Vijayan vs Sheema
2023 Latest Caselaw 4144 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                     &
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
          Friday, the 31st day of March 2023 / 10th Chaithra, 1945
                 IA.NO.1/2023 IN MAT.APPEAL NO. 569 OF 2022
                 OP 290/2018 OF FAMILY COURT, IRINJALAKUDA.
PETITIONER/RESPONDENT:

     SHEEMA, AGED 25 YEARS, D/O. VADAKKOODAN VIJAYAN, VARAKKARA P.O.,
     CHALAKUDY TALUK, THRISSUR -680302

RESPONDENT/APPELLANT:

     VIJAYAN, AGED 55 YEARS, S/O. KOCHUKUTTAN, VADAKKOODAN HOUSE, POOKODE
     DESOM, AMBALLUR VILLAGE, VARAKKARA P.O., CHALAKUDY TALUK, THRISSUR
     -680302


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to vacate the interim
order dated 24.8.2022 in IA 2/2022 granted in the above matrimonial appeal
in the interest of justice.


     This Application coming on for orders, upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SMT.ANJALI MENON Advocate for the prtitioner (Respondent in Mat.Appeal)
and of M/S.SHIBIN K.F. and SEBY JOSEPH, Advocates for the
respondent(Appellant in Mat.Appeal), the court passed the following:




                                                           P.T.O.
        ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
    -----------------------------------------------------------
     I.A.No.1 of 2023 in Mat.Appeal No.735 of 2022
                                 &
     I.A.No.1 of 2023 in Mat.Appeal No.569 of 2022
    -----------------------------------------------------------
            Dated this the 31st day of March, 2023

                            ORDER

P.G. Ajithkumar, J.

The petitioner is the appellant in Mat.Appeal No.735 of

2022 and the respondent in Mat.Appeal No.569 of 2022. She

filed O.P.No.290 of 2018 before the Family Court, Irinjalakuda,

seeking a decree for realization of Rs.25 lakhs towards her

marriage expenses from his father, who is the respondent in

the original petition and these interlocutory applications.

O.P.No.290 of 2018 was decreed in part only allowing the

petitioner to realise from the respondent an amount of Rs.1

lakhs towards his marriage expenses. The respondent filed

Mat.Appeal No.569 of 2022 assailing the said decree. The

petitioner filed Mat.Appeal No.735 of 2022 contending that he

is entitled to get the entire amount she claimed and therefore

the decree declining part of her claim is incorrect.

I.A.No.1 of 2023 in Mat.Appeal No.735 of 2022 & I.A.No.1 of 2023 in Mat.Appeal No.569 of 2022

2. In Mat.Appeal No.735 of 2022 the petitioner filed

I.A.No.1 of 2022 seeking an order attaching the petition

schedule property the description of which is as follows:-

"Having an extent of 46.54 ares in Sy.No.1049, 27.11 ares in Sy.No.1050, 6.07 ares in Sy.No.1045/4, 7.69 ares in Sy.No.1045/3 and 13.35 ares in Sy.No.1045/4 in Amballur Village in Mukundapuram Taluk."

3. On 04.11.2022, that petition was allowed and thus

the property was held under attachment for a period of two

months. Since the period of that interim order elapsed, the

petitioner filed I.A.No.1 of 2023 to revive and extend the said

order of attachment.

4. In Mat.Appeal No.569 of 2022, the respondent

herein filed I.A.No.2 of 2022 seeking to raise the attachment

of the properties ordered by the Family Court, Irinjalakuda as

per the order in I.A.No.883 of 2018. He undertook to deposit

Rs.1 lakh, which is the decreetal amount. This Court as per

the order dated 24.08.2022 allowed that application. It is

submitted that in terms of the said order, the respondent

deposited Rs.1 lakh before the Family Court, Irinjalakuda.

I.A.No.1 of 2023 in Mat.Appeal No.735 of 2022 & I.A.No.1 of 2023 in Mat.Appeal No.569 of 2022

5. The present petition, I.A.No.1 of 2023 in

Mat.Appeal No.569 of 2022 is filed seeking to vacate the said

order saying that it runs contrary to the order of attachment

granted by this Court as per the order dated 04.11.2022 in

I.A.No.1 of 2022 in Mat.Appeal No.735 of 2022. The period of

interim order was only two months. But the application for

reviving and extending the said order is pending

consideration.

6. Heard the learned counsel appearing for the

petitioner and the learned counsel appearing for the

respondent.

7. The petitioner sought a decree for realisation of

Rs.25 lakhs. It is for marriage expenses. The allegation is that

the respondent-father did not provide her any amenities in life

or maintenance for marriage expenses. Her contention is that

her marriage was already over and expenses incurred is to be

paid by the father, the Family Court, after considering the

evidence on record, and relying on the principle in Aragadan

v. Hashmi [2021 (6) KLT 888] decreed to pay Rs.1 lakh,

I.A.No.1 of 2023 in Mat.Appeal No.735 of 2022 & I.A.No.1 of 2023 in Mat.Appeal No.569 of 2022

which is the minimum reasonable expense required in

connection with the marriage. The claim of the petitioner is

that she is entitled to get more amount for which she has filed

Mat.Appeal No.735 of 2022 and if the respondent alienated

the petition schedule properties in the meantime, she would

not be able to realise the amount that would be decreed in the

appeal.

8. The respondent-father already deposited Rs.1 lakh,

which is the amount due under the impugned decree. The

property sought to be attached as per I.A.No.1 of 2022 is

several items having extensive area. On going through the

impugned judgment, we do not prima facie find that there is a

chance for allowing the petitioner's whole claim of Rs.25

lakhs. In such circumstances, we do not find any justification

to hold the entire property under attachment. The interim

order dated 24.08.2022 in Mat.Appeal No.569 of 2022 and the

order of attachment dated 04.11.2022 in Mat.Appeal No.735

of 2022 cannot co-exist, being conflicting. In such

circumstances, we, taking into account the fact that Rs.1

I.A.No.1 of 2023 in Mat.Appeal No.735 of 2022 & I.A.No.1 of 2023 in Mat.Appeal No.569 of 2022

lakhs was already deposited by the respondent, order that

attachment of a part of the properties scheduled to I.A.No.1

of 2022 is enough to protect the interest of the petitioner.

Accordingly, I.A.No.1 of 2023 in both the appeals are disposed

of ordering attachment of 7.69 ares in Sy.No.1045/3 and

13.35 ares in Sy.No.1045/4 both in Amballoor Village,

Mukundapuram Taluk till the disposal of Mat.Appeal No.735 of

2022. Attachment in respect of the other properties included

in the schedule to I.A.No.1 of 2022 in Mat.Appeal No.735 of

2022 is withdrawn.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE dkr

31-03-2023 /True Copy/ Assistant Registrar