IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 4998 of 2010(R) ------------------------- OP.1364/2009 of FAMILY COURT, NEDUMANGAD .................... PETITIONER: --------------- GIREESH KUNMAR G.S., LEELA NIVAS, CHOOZHAMPALA, MUKKOLA PO THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENTS: --------------- 1. STATE BANK OF TRAVANCORE NEDUMANGADU BRANCH, THIRUVANANTHAPURAM DISTRICT REPRESENTED BY THE BRANCH MANAGER. 2. SMITHA DEVI, DEVI BHAVAN VETTAMPALLY, IRINJAM PO, NEDUMANGADU, THIRUVANANTHAPURAM. 3. VIGNASWARAN NAIR, DEVI BHAVAN, VETTAMPALLY,IRINJAM PO NEDUMANGADU, THIRUVANANTHAPURAM. BY R. S. KALKURA FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF O.P. NO. 1364/09 ON THE FILE OF FAMILY COURT, NEDUMANGAD EXT.P2 : TRUE COPY OF O.P. 43/2010 FILED BY THE 2ND RESPONDENT BEFORE THE FAMILY COURT, NEDUMANGAD EXT.P3 : TRUE COPY OF THE ORDER DATED 12.1.2010 IN I.A. NO.98/10 IN O.P. NO. 43/10 OF FAMILY COURT, NEDUMANGAD RESPONDENT'S EXHIBITS : NIL K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 4998 of 2010 R - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of February, 2010 JUDGMENT Joseph, J. The petitioner has approached this Court for a direction to the first respondent Bank not to permit respondents 2 and 3 to open the locker in their joint names maintained in the bank till its contents are ascertained and assessed with reference to 'A schedule' in Ext.P2 by an Advocate Commissioner appointed by this Court or the Family Court, Nedumangadu in the presence of the petitioner and respondents 2 and 3. 2. Briefly the case of the petitioner is as follows. Petitioner and the second respondent are husband and wife. They got married on 5.5.5005 and a female child was born in that wedlock. The petitioner/husband filed O.P. 1364 of 2009 W.P.(C).No. 4998 of 2010 2 before the Family Court, Nedumangad for dissolution of the marriage. The second respondent/wife filed O.P.No. 43 of 2010 for getting back 22 sovereigns of gold ornaments or Rs.11,87,500/- As per Ext.P3, the Family Court ordered to freeze the locker of the petitioner. According to the petitioner, all the ornaments of the second respondent are with her and that the ornaments are kept in the locker taken in the joint names of respondents 2 and 3. If the contents of the locker are ascertained, the truth can be revealed, it is submitted. 3. This Court has passed an interim order directing the first respondent not to permit respondents 2 and 3 to open the locker in their joint names in the State Bank of Travanore, Nedumangad Branch. 4. We heard learned counsel for the parties. 5. In these circumstances, this Writ Petition is disposed of as follows. The interim order passed by this Court will continue for a period of one month. In the mean time, it is for the petitioner to move W.P.(C).No. 4998 of 2010 3 the Family Court for appointment of an Advocate Commissioner to ascertain the contents of the locker. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm