Kerala High Court
Abhilash Mohan vs Aswathi Pramod on 6 August, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
2025:KER:58724
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
OP (FC) NO. 451 OF 2025
AGAINST THE ORDER DATED 26.07.2025 IN IA 2/2023 IN
OP NO.1600 OF 2023 OF FAMILY COURT, KOZHIKODE
PETITIONER/PETITIONER:
ABHILASH MOHAN, AGED 39 YEARS
S/O MOHANACHANDRA MENON,
SARASWATHI VILASAM, PUNNAYAM,
ASAMANNOOR P.O. ERNAKULAM, PIN - 683549.
BY ADVS.
SRI.BASIL CHANDY VAVACHAN
SMT.CHARUTHA BHAIJU
SMT.CHANDHANA BHAIJU
SHRI.BASIL SAJAN
SMT.FATHIM NAVAS
SMT.KAVYA RANI JAYAPRAKASH
SMT.LEKSHMI PRIYA V.
SHRI.MUHAMMED SHUHAIB A.S.
RESPONDENT/RESPONDENT NOS 1,2,3:
1 ASWATHI PRAMOD, AGED 35 YEARS
D/O PRAMOD KUMAR, VARADA,
SADANAM ROAD, ERANHIPALAM,
KOZHIKODE, PIN - 673020.
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OP (FC) NO. 451 OF 2025
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2 DISTRICT TREASURY OFFICER,
DISTRICT TREASURY, CIVIL STATION,
KOZHIKODE, PIN - 673020.
3 THE SECRETARY
VADAKARA TOWN CO-OPERATIVE URBAN SOCIETY
VADAKARA KOZHIKODE, PIN - 673101.
BY ADVS. SRI.T.SHAJITH
SHRI.NAJAH EBRAHIM V.P.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 06.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP (FC) NO. 451 OF 2025
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JUDGMENT
Devan Ramachandran, J.
The petitioner challenges Ext.P1 order of
the learned Family Court, Kozhikode, through which,
an attachment over the Fixed Deposit in question,
admittedly the name of the 1st respondent, has been
vacated.
2. Sri.Basil Chandy Vavachan - learned
counsel for the petitioner, submitted the specific
contention of his client is that the proceeds of the
Fixed Deposit belong to him; and hence that, if the
attachment is lifted, the 1st respondent will
withdraw the same, making the Original Petition
itself redundant. He thus prayed that Ext.P1 order
be set aside.
3. However, in response, Sri.T.Shajith -
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OP (FC) NO. 451 OF 2025
learned counsel for the 1st respondent,
submitted that his client is finding it
difficult to take care of herself and her
children because, the petitioner is refusing to
offer them any amount by way of maintenance. He
explained that his client is now living on the
interest that she can draw from the Fixed
Deposit, including for the benefit of the
children - one of whom is autistic; and thus
prayed that Ext.P1 be not interdicted. He added
that the 1st respondent is struggling to garner
enough fiscal resources since the second child - who
is autistic - requires special care, for which
considerable amount of money is required.
4. We do not propose to go into the merits of
the contentions between the parties for the singular
reason that the Original Petition is still pending
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OP (FC) NO. 451 OF 2025
before the learned Family Court.
5. We also notice that, in Ext.P1, most of
the allegations have been recorded and there has
been some reference to it also on merits. We are
sure that this was necessary because, those are
matters that ought to have been left to be decided
after the trial was over.
6. As matters now stand, there is a
pointed controversy between the parties with
respect to the Fixed Deposit. When the mother
says that she has no other income, but to draw
the interest from the Fixed Deposit - with her
undertaking before us that she will not close it
- we see no reason why she should not be allowed
to do so. This is more so when the learned
counsel for the petitioner affirms that, though
he was taking care of his family earlier, he is
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OP (FC) NO. 451 OF 2025
not making any payment of maintenance as of now.
7. To paraphrase, we are left without doubt
that, though the Fixed Deposit cannot be allowed to
be withdrawn, its accrued and future interest must
be allowed to be used by the 1 st respondent for the
benefit of herself and her children, especially
adverting to the need of the second among them.
8. Since the learned counsel on both sides
are in affirmation of the above arrangement, we are
now spared of writing anything further, but to close
this matter on the limited consensus that we have
obtained.
In the afore circumstances, we allow this
Original Petition to the limited extent of
directing the 1st respondent not to withdraw the
Fixed Deposit in question, but with liberty being
reserved to her to draw the accrued and future
interest on it and use it for the benefit of herself
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OP (FC) NO. 451 OF 2025
and the children.
The learned Family Court will proceed to
dispose of the Original Petition on its merits,
after affording necessary opportunities to both
sides; but without being, in any manner, influenced,
trammelled or fettered by anything which it has
recorded in Ext.P1 order.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
akv JUDGE
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OP (FC) NO. 451 OF 2025
APPENDIX OF OP (FC) 451/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE CARBON COPY OF THE ORDER DATED
26/07/2025 IN IA NO.2/2023 IN OP NO.
1600/2023 OF THE HONOURABLE FAMILY
COURT, KOZHIKODE
EXHIBIT P2 THE TRUE COPY OF OP NO. 1600/2023 IN
THE FILE OF HONORABLE FAMILY COURT,
KOZHIKODE
EXHIBIT P3 THE TRUE COPY OF THE I.A NO. 2/2023 IN
O.P NO. 1600/2023 BEFORE THE
HONOURABLE FAMILY COURT, KOZHIKODE
EXHIBIT P4 THE TRUE COPY OF THE INJUNCTION ORDER
DATED 27/09/2023 IN IA. NO. 2/2023 IN
OP. NO. 1600/2023 IN HONOURABLE FAMILY
COURT, KOZHIKODE
EXHIBIT P5 THE COUNTER AFFIDAVIT FILED BY THE
RESPONDENT NO.3 DATED 30/11/2023 IN
OP. NO. 1600/2023 IN HONOURABLE FAMILY
COURT, KOZHIKODE EVIDENCING THE
WITHDRAWAL
EXHIBIT P6 THE TRUE COPY OF THE COUNTER IN OP.NO.
EXHIBIT P7 THE TRUE COPY OF THE COUNTER IN IA.
EXHIBIT P8 THE TRUE COPY OF THE REPORT DATED
07/09/2023 FILED BY THE POLICE IN
CONNECTION WITH THE CRIME NO. 874/2023
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OP (FC) NO. 451 OF 2025
OF NADAKKAVU POLICE STATION, KOZHIKODE
EXHIBIT P9 THE TRUE COPY OF THE ORDER DATED
13/09/2023 IN CRL.MC NO. 413/2023
BEFORE THE HONOURABLE ADDITIONAL
DISTRICT AND SESSIONS FOR THE TRIAL OF
CASES RELATING TO ATROCITIES AND
SEXUAL VIOLENCE TOWARDS WOMEN AND
CHILDREN, KOZHIKODE
EXHIBIT P10 THE TRUE COPY OF THE RE-INVESTIGATION
REQUEST DATED 27/02/2025 AGAINST THE
RESPONDENT NO.1 AND MR. SANGEETH IN
CONNECTION WITH THE CRIME NO.874/2023
OF NADAKKAVU POLICE STATION
