IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 Mat.Appeal.No. 763 of 2009() ---------------------------- AGAINST THE ORDER DATED 10/08/2009 IN I.A.No. 185/09 IN OP.79/2009 of FAMILY COURT,TRIVANDRUM .................... APPELLANT/RESPONDENT IN I.A.NO.185/09 IN O.P.NO.79/09 ON THE FILE OF FAMILY COURT, TRIVANDRUM. : MIDHUN AMIR, S/O.MR.AMIR ALI, AGED 26, AL-AZHA, PALARIVATTOM, COCHIN-682 025. BY ADV. SRI.T.K.RADHAKRISHNAN RESPONDENT/PETITIONER IN I.A.NO.185/09 IN OP.79/2009 of FAMILY COURT,TRIVANDRUM : A.NAZIA SHERIF, D/O.AZIZ M.SHERIEF, AGED 26, RESIDING AT ALSA SHORE CREST, 7C, KALATHIL VELAYUDHAN NAIR ROAD, M.G.ROAD POST, ERNAKULAM, KOCHI-16. SRI.P.A.AHAMMED THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 02/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- Mat.Appeal No.763 OF 2009 ----------------------------------------------------- DATED THIS THE 2nd DAY OF NOVEMBER, 2009 J U D G M E N T Basant, J. This Matrimonial Appeal is directed against an interim order passed by the Family Court in an Original Petition filed by an estranged wife against the appellant/her husband for return of certain articles which she claimed, were available with him. 2. All the other disputes are irrelevant now. Most of the articles which have been listed in the I.A. have already been handed over. The learned counsel for the respondent submits that the respondent does not want to raise any further grievance at this juncture about the articles handed over. All major articles have been handed over. The articles handed over have been duly acknowledged also. The learned counsel for the respondent submits that a passport belonging to the respondent is still available with the appellant and that has not been returned. The learned counsel for the appellant asserts that the said passport is not available with the appellant. The learned counsel for the appellant has a further contention that the car in question -Honda Mat.Appeal No.763/09 -2- Civic car- which has already been returned does not belong absolutely to the respondent and it belongs to the appellant herein. Though, in compliance with the order of the court below, the appellant has already handed over the car, appropriate directions may be issued to safeguard the interest of the appellant over the car in question, it is prayed. The respondent may not be permitted to dispose of the car without the permission of the Family Court and the appellant may be permitted to adduce all evidence in support of his claim for ownership of the car. The learned counsel for the respondent only submits that the option of the respondent to take appropriate further steps to secure possession of the passport which she alleges, even now, is in the possession of the appellant may also be kept open. 3. We are satisfied that the request of both sides can be allowed and subject to appropriate conditions, this appeal can be allowed in part. In the result: (a) this appeal is allowed in part. (b) It is directed that the respondent shall not alienate or transfer possession of the Honda Civic car in question, without and Mat.Appeal No.763/09 -3- before securing the prior permission from the Family Court. (c) It is made clear that the option of the appellant to adduce all appropriate evidence to establish his claim over the car shall remain unfettered by the impugned order and this judgment. (d) It is further made clear that the option of the respondent to take appropriate further steps for recovery of the passport which she claims to be in the possession of the appellant shall also remain unfettered by the impugned order and this judgment. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn