Kerala High Court
Joseph Joseph vs Miriam Tina Francis on 4 April, 2024
Author: Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
OP (FC) NO. 215 OF 2024
AGAINST THE ORDER DATED 27.02.2024 IN I.A. NO. 4 OF 2023 IN
OP(OTHERS) NO.1110 OF 2023 OF FAMILY COURT,KOLLAM
PETITIONER/RESPONDENT/1ST RESPONDENT:
JOSEPH JOSEPH
AGED 38 YEARS
S/O.JOLLY JOSEPH, RESIDING AT PA2,
CHOICE GARDENS, VYTTILA P.O, JANATHA ROAD,
ERNAKULAM, PIN - 682019
BY ADVS.
SAIBY JOSE KIDANGOOR
BENNY ANTONY PAREL
ANOOP SEBASTIAN
PRAMITHA AUGUSTINE
ADITHYA KIRAN V.E
ADRISYA S.
RESPONDENTS/PETITIONER/PETITIONER:
MIRIAM TINA FRANCIS
AGED 35 YEARS
D/O ANTONY FRANCIS,
RESIDING AT ANTONY, DALE, PORT ROAD,
SAKTHIKULANGARA.P.O, KOLLAM, PIN - 691001
OP(FC) No.215 of 2024 2
BY ADVS.
AJIRAJ G.R.(K/772/2002)
SRI P. T. DINESH
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(FC) No.215 of 2024 3
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner herein is the 1st respondent in O.P.(Others) No.
1110/2023 on the file of the Family Court, Kollam. In the Original Petition,
an application was filed by the respondent-wife as I.A.No. 4/2023 seeking
issuance of directions to the petitioner herein to return the Mercedez Benz
Motor Car (C220 D) bearing Registration No. KL7 CU 0010 along with the
registration certificate and other documents. By the impugned order dated
27.02.2024, the Family Court, after considering the facts and
circumstances, directed the petitioner to handover the car along with the
key and its documents within fifteen days. The aforesaid order is under
challenge in this petition.
2. Sri. Saiby Jose Kidangoor, the learned counsel appearing for
the petitioner submits that while the vehicle was in possession of the
petitioner herein, he had paid certain amounts towards insurance, change
of tyre, etc., and this was borne out from Exts.R1 to R5 receipts. According
to the learned counsel, while disposing of the matter, the Family Court has
not reserved the right of the petitioner herein to claim such amount in
appropriate proceedings. It is also submitted that while issuing the order,
the Family Court has not directed the preparation of an inventory to
ascertain the condition of the car. According to the learned counsel, if the
same is not done, a contention would be raised at a much later stage that
some damage was caused by the petitioner to the car.
3. Sri. P.T.Dinesh, the learned counsel appearing for the
respondent submitted that the apprehension of the petitioner is
misconceived. According to the learned counsel, despite the issuance of
the order by the Family Court on 27.02.2024, the car has not been handed
over even today. It is further submitted that the respondent has no
objection in preparing an inventory of the vehicle in the presence of the
petitioner as well as the respondent. Finally, while questioning the
genuineness of Exts. R1 to R5 receipts, it is submitted that if the petitioner
has incurred expenses he can raise his counter claim or claim set of in
appropriate proceedings.
4. Having considered the submissions advanced by both sides,
we are of the view that this petition can be disposed of by issuing the
following directions:-
The petitioner shall produce the car before the Family court on any
day within a week along with the key and all other original documents
pertaining to the car. An inventory shall be prepared by a competent
officer in the presence of the petitioner as well as the respondent.
Thereafter, the car shall be handed over and the taking of the possession
of the car by the respondent shall be recorded in the inventory itself. The
inventory shall be retained along with the case records. Insofar as the
amounts stated to have been spent by the petitioner as borne out from
Exts.R1 to R5 receipts are concerned, it would be open to the petitioner to
claim set off or raise counter claims at the appropriate stage. The right of
the respondent wife to claim compensation for damages, if any, caused to
the vehicle in appropriate proceedings is also reserved.
sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
sd/-
P.M.MANOJ
JUDGE
DCS
APPENDIX OF OP (FC) 215/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE OP (OTHERS) NO: 1110/2023
FILED BY THE RESPONDENT BEFORE THE FAMILY
COURT, KOLLAM DATED 26.9.2023
Exhibit P2 TRUE COPY OF THE I A NO 4/2023 IN O P NO:
1110/2023 FILED BY THE RESPONDENT BEFORE THE
FAMILY COURT, KOLLAM DATED 26.9.2023
Exhibit P3 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE
PETITIONER DATED 19.12.2023 IN I A NO 4/2023 IN
O P NO: 1110/2023 BEFORE THE FAMILY COURT,
KOLLAM
Exhibit P4 TRUE COPY OF THE ORDER DATED 27.2.2024 IN I A
NO: 4/2023 IN O P (OTH) NO: 1110/2023 THE
FAMILY COURT, KOLLAM
