IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 26697 of 2010(R) -------------------------- I.A. 2125/2010 IN OP.666/2010 of FAMILY COURT, THIRUVALLA. .................... PETITIONER: --------------- APARNA.A., AGED 25 YEARS, D/O.ANANDARAJAN, VAZHAVILAYIL HOUSE, MAROOR P.O., MAROOR MURI, ENADIMANGALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI. K.SHAJ SRI.K.N.RADHAKRISHNAN(THIRUVALLA) SRI.SAJJU.S SRI.A.SHAMSUDEEN RESPONDENTS: --------------- 1. GOPU.S., AGED 32 YEARS, S/O.SARAL MOHAN, GURU BHAVAN, NEAR K.E.L.LANE, KUNDARA P.O., KANJIRODE MURI, MULAVANA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 2. SARAL MOHAN, AGED 65 YEARS, GURU BHAVAN, NEAR K.E.L.LANE, KUNDARA P.O., KANJIRODE MURI, MULAVANA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. 3. VIJAYAMANI, AGED 55 YEARS, GURU BHAVAN, NEAR K.E.L.LANE, KUNDARA P.O., KANJIRODE MURI, MULAVANA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. ADV. SRI.K.SUBASH CHANDRA BOSE FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 THE TRUE COPY OF THE PETITION IN 9O.P. 666/2010 FILED BY THE PETITIONER HEREIN AGAINST THE RESPONDDENT BEFORE THE FAMILY COURT, THIRUVALLA. EXT.P2 THE TRUE COPY OF THE INTERIM ATTACCHMENT PETITION, I.A. NO. 2125/2010 FLED BY THE PETITIONER IN O.P. 666/2010. EXT.P3 THE TRUE COPY OF THE ORDER DATED 21.7.2010 PASSED BY THE FAMILY COURT, THIRUVALLA IN I.A. 2125/2010. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. KNC/- R. BASANT & M.L. JOSEPH FRANCIS, JJ. = = = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 26697 OF 2010 = = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 21ST DAY OF OCTOBER, 2010. J U D G M E N T R. Basant, J. This writ petition is preferred by the wife against her husband and parents-in-law. She filed O.P. 666 of 2010 before the Family Court, Thiruvalla, claiming return of an amount of Rs. 6,00,000/- and 58 sovereigns of gold ornaments. The ornaments are kept in Locker No. 39 of Canara Bank, Mandrothuruthu Branch. The details of the ornaments are given in the Original Petition. 2. Along with the Original Petition, she filed an application for attachment of property. A perusal of the schedule for attachment shows that what was sought to be attached was only Locker No. 39 of Canara Bank, Mandrothuruthu Branch in the name of the first respondent with 424.44 gms. of gold ornaments described therein. 3. The court below, by the impugned order, surprisingly directed the respondents to offer security for an amount of Rs. 4,00,000/-. Conditional attachment was ordered. 4. Learned counsel for the petitioner submits that there is no rhyme, reason or logic in the order. An amount of Rs. 6 lakhs by way of return of WP(C) 26697/2010 2 cash and return of 53 sovereigns of gold ornaments was claimed in the petition. 5. We are satisfied that the impugned order Ext.P3 reveals total absence of application of mind. It is impossible to decipher from the said order why security was demanded only for Rs. 4,00,000/- when the amount claimed was Rs. 6,00,000/- + 53 sovereigns of gold ornaments. The impugned order, we are satisfied, cannot be legally sustained. It rebels against reasons, logic and common sense. If security is offered for Rs.4,00,000/- the respondent shall be at liberty to remove 53 sovereigns of gold ornaments from the locker which as on this day will be worth more than Rs. 7,00,000/-. 6. This writ petition is, in these circumstances, allowed. The impugned order is set aside. The conditional attachment shall continue to remain until the court below passes fresh orders. To avoid any unnecessary future dispute, it is specifically directed that neither party shall operate the locker until further orders are passed by the court below. The court below shall pass fresh orders on I.A. 2125 of 2010 after hearing both parties, as expeditiously as possible, at any rate, within a period of fifteen days from 29.10.2010, on which day, both parties /counsel if any, shall appear before WP(C) 26697/2010 3 the court below for hearing and disposal of I.A. 2125 of 2010. Compliance shall be reported to this Court. Hand over copy of this judgment to both counsel. Counsel for the petitioner shall be at liberty to produce the order before the Bank concerned to ensure that neither party is permitted to operate the locker until the Family Court passes fresh orders. R. BASANT, (JUDGE) M.L. JOSEPH FRANCIS, (JUDGE). knc/-