Kerala High Court
Rainy John vs Prince Mathew on 12 August, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
2025:KER:60924
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
TUESDAY, THE 12TH DAY OF AUGUST 2025 / 21ST SRAVANA, 1947
OP (FC) NO. 442 OF 2025
AGAINST THE ORDER IN I.A.3/2025 IN OP NO.503 OF 2025 OF
FAMILY COURT, KANNUR
PETITIONER/1ST RESPONDENT:
RAINY JOHN, AGED 47 YEARS, D/O P.J. JOHN,
KADAVANKUNNEL HOUSE, PALLIKKULAM, CHIRAKKAL
P.O, CHIRAKKAL VILLAGE, KANNUR TALUK,
KANNUR DISTRICT, PIN - 670011
BY ADVS.
SMT.ARCHANA MITHRAN O.K.
SMT.K.K.SHEEBA
SMT.LIMNA BHASKARAN
RESPONDENTS/PETITIONER AND RESPONDENTS 2 AND 3:
1 PRINCE MATHEW, AGED 48 YEARS, S/O MATHEW,
KADAVANKUNNEL HOUUSE, PALLIKKULAM, CHIRAKKAL
P.O, CHIRAKKAL VILLAGE, KANUR TALUK, KANNUR
DISTRICT, PIN - 670001
2 FEDERAL BANK LIMITED, REPRESENTED BY ITS BRANCH
MANAGER, VALAPATTANAM BRANCH, 3/586-B, GROUND
FLOOR, RAJEESH RESIDENCY, NATIONAL HIGHWAY,
CHIRAKKAL, PUTHIYATHERU, KANNUR, PIN - 670001
3 AXIS BANK LIMITED, REPRESENTED BY ITS BRANCH
MANAGER, SOUTH BAZAAR BRANCH, B/15, AKASH
BUILDING, GROUND FLOOR, KADABERI, SOUTH BAZAAR,
KANNUR, PIN - 670002
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OP(FC) 442/25
2
BY ADVS.
SRI.MANSOOR ALI
SHRI.P.SANTHOSH KUMAR
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
12.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP(FC) 442/25
3
JUDGMENT
Devan Ramachandran, J.
The petitioner challenges Ext.P5 order of the learned Family
Court, Kannur, however, only qua the directions dated
08.05.2025.
2. Smt.Archana Mithran - learned counsel for the
petitioner, submitted that her client has already complied with the
directions in the order impugned, but did not surrender her
Passport because she has to travel to Australia for employment.
She added that the learned Family Court, thereupon, issued
further orders initiating action for disobedience against her client.
She argued that the direction in the impugned order, that her
client shall surrender the Passport, is totally untenable,
particularly when it says that it has been ordered to ensure that
she does not make any further drawings on the Fixed Deposit,
which is the subject matter of the Original Petition filed by the 1st
respondent - her husband. She offered an undertaking that her
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client, even if she is to travel abroad, will not deal with the
Fixed Deposit any further and that she is willing to maintain
complete status quo with respect to the same until further orders
are issued by the learned Family Court.
3. In response, Sri.P.Santhosh Kumar - learned counsel
for the 1st respondent, submitted that his client never wanted the
Passport of the petitioner to be surrendered, but only that she
furnish security for the amounts she has already withdrawn from
the Fixed Deposit. He explained that his client has a genuine
apprehension that, if the petitioner is allowed to travel abroad
without furnishing security of the amounts in question, she would
never return and his client will be consequently left without any
remedy, even if he is to obtain a decree.
4. When we examine Ext.P5 to the extent impugned, it is
evident that the learned Family Court has already made it clear
that the petitioner shall not draw any further amounts from the
Fixed Deposit. The action/orders that the learned Family Court
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will pass with respect to the amount allegedly withdrawn earlier
are wholly for it to decide in due course; but we fail to
understand why it then directed the petitioner to surrender her
Passport. This can only construe that the learned Court intended
that the petitioner shall not leave India until the Original Petition
is disposed of, but we cannot find any power vested in it to have
done so.
5. Since Sri.Santhosh Kumar also says that his client never
sought for surrender of Passport of the petitioner, we cannot find
favour with Ext.P5 to that extent.
6 Coming to the argument of Sri.Santhosh Kumar that the
petitioner must be asked to furnish security for the amounts she
has allegedly drawn from the Fixed Deposit, this is a matter his
client should raise before the learned Family Court appropriately
and it would not be upon us to make any orders to such effect.
In the afore circumstances, we allow this Original
Petition and set aside Ext.P5 order dated 08.05.2025, to the extent
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to which the petitioner has been directed to surrender her
Passport before the learned Family Court. However, we record the
submissions of Smt.Archana Mithran that her client will not deal
any further with the Fixed Deposits until further orders
authorising such are issued by the learned Family Court.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B. SNEHALATHA
JUDGE
RR
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APPENDIX OF OP (FC) 442/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORIGINAL PETITION AS
O.P.NO.503/2025 FILED BY THE 1ST
RESPONDENT DATED 24/3/2025
Exhibit P2 A TRUE COPY OF THE INTERIM ORDER PASSED
BY THE HON'BLE FAMILY COURT KANNUR,
DATED 08-04-2025 IN IA.NO.2/2025 IN OP
Exhibit P3 A TRUE COPY OF THE PETITION IN
I.A.NO.3/2025 IN I.A.NO.2/2025 IN OP NO.
503/2025 OF FAMILY COURT KANNUR DATED
15/4/2025
Exhibit P4 A TRUE COPY OF THE COUNTER FILED BEFORE
THE HON'BLE FAMILY COURT KANNUR IN OP
Exhibit P5 A TRUE COPY OF THE ORDER OF THE HON'BLE
FAMILY COURT, KANNUR IN I.A.NO.3/2025 IN
OP NO. 503/2025 DATED 8/5/2025
RESPONDENT EXHIBITS
Exhibit R1(a). The copy of the HDFC bank statement for
the period from 28.06.2019 to 04.11.2024
of the 1st respondent herein dated nill
Exhibit R1(b) The copy of the ICICI bank statement of
the 1st respondent herein dated
03.12.2024
Exhibit -R1(c). The True copy of the order in I.A. No. 3
of 2025 dated 18/6/2025
Exhibit-R1(d) o The true copy of the complaint filed
with the Commissioner of Police, Kannur
dated 5/4/2025 by the petitioner herein
Exhibit-R1(e) The true Copy of the Identity card of
Identity Card issued by Kisan Service
Society, Kannur dated nill
Exhibit-R1(f) The true copy of the order in IA/3/2025
of OP 503/2025 dated 14/7/2025
