Shereena vs Ummer
2023 Latest Caselaw 5626 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                     &
                  THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
           Friday, the 12th day of May 2023 / 22nd Vaisakha, 1945
                 IA.NO.3/2023 IN MAT.APPEAL NO. 449 OF 2021
             OP 420/2015 OF FAMILY COURT, OTTAPPALAM, PALAKKAD
PETITIONER/RESPONDENT:

     UMMER, AGED 51 YEARS, S/O.LATE HYDROSE, PARANTHODAN HOUSE,
     PULAMANTHOLE P.O, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT -
     679323.

RESPONDENT/APPELLANT:

     SHEREENA, AGED 34 YEARS, D/O. AKBAR, CHERUVASSERY PALLIYALIL HOUSE,
     NELLAYA P.O, OTTAPALAM TALUK, PALAKKAD DISTRICT - 679335.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to release the Fixed
Deposit Receipt of Rs. 15,00,000/- (Rupees Fifteen Lakhs only) issued from
Federal Bank, Pulamanthole Branch to the petitioner/respondent




     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of Sri.P.JAYARAM, Advocate for the petitioner (Respondent in Mat. Appeal)
and of Sri. A.HAROON RASHEED, Advocate for the respondent (Appellant in
Mat. Appeal), the court passed the following:
                    DEVAN RAMACHANDRAN &

                      SOPHY THOMAS, JJ.

           -------------------------------------------------

                         I.A.No.3 of 2023

                                  in

                   Mat. Appeal No.449 of 2021

           -------------------------------------------------

                Dated this the 12th day of May, 2023



                            ORDER

Sophy Thomas, J.

Above I.A. has been filed by the petitioner/husband for

getting release of the Fixed Deposit Receipt for Rs.15,00,000/-.

As per judgment dated 11.04.2023, above Mat Appeal has been

disposed of, in terms of Anx.A1 compromise agreement dated

24.02.2023. The petitioner/husband had produced Fixed Deposit

Receipt for Rs.15,00,000/- before this Court for lifting the

restraint order passed over his property. As per the terms of the

judgment in Mat.Appeal, the husband was permitted to withdraw

the fixed deposit of Rs.15,00,000/- made by him before this

Court, so as to comply with financial commitments made by him I.A.No.3 of 2023 in

in the compromise agreement.

2. Heard both sides.

3. The wife has no objection in releasing the Fixed Deposit

Receipt of Rs.15,00,000/- in favour of the husband, as ordered

by this Court in Mat. Appeal No.449 of 2021.

Hence I.A.No.3 of 2023 is allowed and the Registry of this

Court is directed to release Fixed Deposit Receipt of

Rs.15,00,000/- issued by Federal Bank, Pulamanthole Branch,

(FD No.11850400051293) to the petitioner/husband forthwith,

on proper identification of the party by his counsel, and also on

getting proper receipt for the same.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sd/-

SOPHY THOMAS JUDGE DSV/12.05.2023

12-05-2023 /True Copy/ Assistant Registrar