Kerala High Court
Sarassama vs Amala T.R on 13 February, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
2025:KER:11913
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
THURSDAY, THE 13TH DAY OF FEBRUARY 2025 / 24TH MAGHA,
1946
OP (FC) NO. 75 OF 2025
AGAINST THE ORDERS IN IA NOS.2 &3 OF 2024 DATED
10.10.2024 IN OP NO.3165 OF 2022 OF FAMILY COURT,
THIRUVANANTHAPURAM
PETITIONERS/COUNTER PETITIONERS 5 AND 6:
1 SARASSAMA, AGED 71 YEARS
W/O. KRISHNANKUTTY NAIR,
RESIDING AT KS COTTAGE, VENJARAMOODU PO,
THIRUVANANTHAPURAM, PIN - 695607.
2 KRISHNANKUTTY NAIR, AGED 78 YEARS,
S/O. SIVASANKARA PILLAI,
RESIDING AT KS COTTAGE, VENJARAMOODU PO,
THIRUVANANTHAPURAM, PIN - 695607.
BY ADV NAVEEN RADHAKRISHNAN
RESPONDENTS/ORIGINAL PETITIONER/
COUNTER PETITIONERS 1 TO 4:
1 AMALA T.R, ROHINI PAZHAVADI STREET, NEDUMANGAD,
NOW RESIDING AT HOUSE NO 216, SCT NAGAR,
TC NO 2/3279/14, PATTOM, THIRUVANANTHAPURAM,
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OP (FC) NO. 75 OF 2025
-2-
PIN - 695004.
2 VISHNU B.S, S/O.R.BALAKRISHNAN NAIR,
VISHNU NIVAS, HIGH SCHOOL JUNCTION, KACHANI,
KARAKULAM PO, THIRUVANANTHAPURAM, PIN - 695564.
3 SREEKUMARY, W/O R. BALAKRISHNAN NAIR,
VISHNU NIVAS, HIGH SCHOOL JUNCTION, KACHANI,
KARAKULAM PO, THIRUVANANTHAPURAM, PIN - 695564.
4 BALAKRISHNAN NAIR, VISHNU NIVAS,
HIGH SCHOOL JUNCTION, KACHANI, KARAKULAM PO,
THIRUVANANTHAPURAM, PIN - 695564.
5 ABHILASH K.S.
KS COTTAGE, VENJARAMOODU PO,
THIRUVANANTHAPURAM, PIN - 695607.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 13.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP (FC) NO. 75 OF 2025
-3-
JUDGMENT
Devan Ramachandran, J.
The petitioners say that their properties
have been attached by the learned Family Court,
Thiruvananthapuram, without any cogent cause,
but merely on the basis of certain
uncorroborated and untenable averments made by
the 1st respondent herein in OP No.3165/2022
pending before the said Court.
2. Sri.Naveen Radhakrishnan - learned
counsel for the petitioners, argued that his
clients have been dragged into the Original
Petition without any reason, since they have no
connection to the imputations made therein. He
argued that his clients had not misappropriated
the gold or ornaments of the 1 st respondent
herein as alleged; and therefore, that the
attachment of their properties, under the
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OP (FC) NO. 75 OF 2025
provisions of Order XXXVIII Rule 5 of the Code
of Civil Procedure is incorrect and illegal. He
added that it is, therefore, that his clients
filed IA Nos.2/2024 and 3/2024, seeking lifting
of attachment of their respective properties,
but which has now been dismissed by the learned
Family Court.
3. We are afraid that we cannot find
favour with the afore submissions of Sri.Naveen
Radhakrishnan because, his singular contention
is that his clients have not misappropriated any
gold or money of the 1st respondent as alleged by
her and that her averments to such effect are
inaccurate and incorrect.
4. While considering an application within
the ambit of order XXXVIII of the CPC, Courts
are not expected to go into the merits of the
allegations of the parties, but only to verify
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OP (FC) NO. 75 OF 2025
if the criteria, as statutorily stipulated, are
attracted for the purpose of attachment.
5. In the case at hand, as we said above,
the case of the petitioners is that they are not
guilty of the imputations made by the 1 st
respondent in the Original Petition. We are
afraid that this is not a contention that could
be impelled by them, for the purpose of seeking
lifting of attachment.
6. We notice that the learned Family Court
has dealt with the issue correctly and has found
that when specific allegations are available in
paragraph Nos.1 and 8 of the Original Petition,
that the petitioners herein have misappropriated
the gold and money of the 1 st respondent, an
argument to the contrary at this stage is
untenable.
In the afore circumstances, we dismiss
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this Original Petition; however, leaving every
other liberty available in law open to the
parties.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
akv JUDGE
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OP (FC) NO. 75 OF 2025
APPENDIX OF OP (FC) 75/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORIGINAL PETITION
NUMBERED AS IN O.P. NO. 3165 OF 2022
FILED BY THE 1ST RESPONDENT FILED
BEFORE THE FAMILY COURT,
THIRUVANANTHAPURAM DATED 26.11.2022.
EXHIBIT P2 TRUE COPY OF THE IA NO 1 OF 2022 IN
O.P. NO. 3165 OF 2022 FILED BY THE
RESPONDENT FILED BEFORE THE FAMILY
COURT, THIRUVANANTHAPURAM DATED
26.11.2022 .
EXHIBIT P3 TRUE COPY OF THE IA NO 2 OF 2024 IN
O.P. NO. 3165 OF 2022 BEFORE THE
FAMILY COURT, THIRUVANANTHAPURAM DATED
22.04.2024.
EXHIBIT P4 TRUE COPY OF THE IA NO 3 OF 2024 IN
O.P. NO. 3165 OF 2022 BEFORE THE
FAMILY COURT, THIRUVANANTHAPURAM DATED
22.04.2024 .
EXHIBIT P5 TRUE COPY OF THE COMMON ORDER IN IA NO
2 OF 2024 AND IA NO 3 OF 2024 IN O.P.
NO. 3165 OF 2022 DATED 10.10.2024.
