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. 20792 of 2007(S) -------------------------- AGAINST THE ORDER IN IA 2062/2007 IN OP.633/2007 of FAMILY COURT,ERNAKULAM .................... PETITIONER: --------------- SMT. JISHA JUSTINE, W/O. JUSTINE MALIEKKAL, AGED 27 YEARS, NOW RESIDING AT MALIAKKAL BUNGALOW, KUZHAPPLLY, AYYAMPILLY P.O., ERNAKULAM-682 501. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.ZAKEER HUSSAIN SMT.K.A.SANJEETHA RESPONDENT: --------------- SRI. JUSTINE MALIAKKAL, S/O. LATE M.A.VARGHESE, AGED 38 YEARS, RESIDING AT MALIAKKAL BUNGALOW, KUZHAPPILLY, AYYAMPILLY P.O., ERNAKULAM-682 501. ADV. SRI.VAKKOM N.VIJAYAN SRI.MAATAYIL R.S.NAIR SMT.V.RENJU SRI.P.ANIYAN SRI.VAKKOM N.VIJAYAN FOR ADDL.R2 SMT.REEJA HARI FOR ADDL.R2 SRI.R.SURESH FOR ADDL.R2 SMT.V.RENJU FOR ADDL.R2 SRI.P.ANIYAN FOR ADDL.R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.20792 of 2007 S and I.A. No. 13812 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of October, 2010 JUDGMENT Basant J., I.A. No.13812 of 2010 is for impleadment of the petitioner, who is the mother in law of the petitioner and the mother of the respondent in the Writ Petition. 2. O.P. No. 633 of 2007 is filed before the Family Court by the petitioner/wife against her husband, the respondent herein for restitution of conjugal rights. While that petition was pending, the passport of the husband happened to be with the wife, which she refused to hand over to him. The husband applied to the Family Court and the Family Court passed the impugned order directing the wife to return the passport to the husband. 3. When this matter came up for hearing on 12.7.2007, this Court issued specific directions to return the passport subject to conditions. The conditions imposed inter-alia include the condition W.P.(C) No.20792 of 2007 & I.A. No. 13812 of 2010 2 that the husband shall not alienate any of his immovable properties without obtaining the prior permission of the Court. It was also directed that he shall not alienate any of his properties without permission from the Court. 4. The husband had come to this Court earlier with I.A. No. 10163 of 2007. In that petition, an order was passed on 7.8.2007 as follows: “It will be open to the respondent to proceed with the sale of the property sought to be sold, but the actual execution of the sale deed will be made only after getting permission from the Court” 5. The husband did not come before this Court thereafter. It is now, the turn of his mother to come this Court with this petition to get herself impleaded as additional respondent No.2. We find absolutely no reason to justify the said prayer for impleadment. The order dated 12.7.2007, according to us, only placed fetter on the right of the husband to dispose of his properties and his share in his family properties. Direction safeguarding the interest of the W.P.(C) No.20792 of 2007 & I.A. No. 13812 of 2010 3 husband has already been passed on 7.8.2007. In these circumstances, we are satisfied that this Petition No. I.A. No. 3812 of 2010 for impleadment only deserves to be dismissed. We do so. 6. One question remains, i.e., whether this Writ Petition must be permitted to continue to remain on the files of this Court. The challenge was against the order directing return of the passport. That issue has already been resolved by order dated 12.7.2010. The passport has already been returned subject to condition. We are satisfied that this Writ petition need not remain any longer on the file of this Court, the challenge against the impugned order having already been disposed of satisfactorily and the passport having been returned to the respondent, subject to the conditions. 7. The husband, though he had come to this Court in 2007 for permission to dispose of his property, has not taken any further steps. We are satisfied that the said duty can be relegated to the Family Court. The Family Court may consider the request of the husband if any, from time to time for further directions in terms of the order dated 12.7.2007. Appropriate orders in accordance with W.P.(C) No.20792 of 2007 & I.A. No. 13812 of 2010 4 law after hearing the parties can be passed by the Family Court, if any further directions are sought on the basis of the order dated 12.7.2007. 8. I.A. No. 13812 of 2007 is hence dismissed. Proceedings in W.P.(C) No. 20792 is also ordered to be terminated, as the same is unnecessary now after the order dated 12.7.2007. The directions in the order dated 12.7.2007 shall continue remain until further orders, unless modified by the Family Court. 9. This Writ petition shall hence stand allowed in terms of the order dated 12.7.2009. Modifications of the order dated 12.7.2007 can be sought by the parties from the Family Court. R. BASANT, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/