IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 33868 of 2011(G) ---------------------------------------- PETITIONER(S): ------------------------ P.RAVI, PULIKKAL PARAMBIL HOUSE, KAVALAPPARA, SHORNUR, PALAKKAD DISTRICT. BY SRI.P.K.SURESH KUMAR, SENIOR ADVOCATE ADV.SMT.P.K.RADHIKA RESPONDENT(S): --------------------------- 1. THE CHIEF MANAGER, CANARA BANK, SHORNUR BRANCH, SHORNUR-679 121, PALAKKAD DISTRICT. 2. ROHINI, D/O.P.V.NARAYANA SWAMI, PUTHUKKODU GRAMAM, PUTHUKKODU P.O.,-678 687, ALATHUR, PALAKKAD DISTRICT. R1 BY ADV.SRI.P.GOPINATHA MENON,SC, CANARA BANK SRI.P.CHANDRASEKHAR SRI.THOMAS M.JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.33868/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF FIXED DEPOSIT RECEIPT NO.0719421000160/1 DATED 07/06/2011 IN THE NAME OF THE PETITIONER IN CANARA BANK, SHORNUR BRANCH FOR A SUM OF RS.79.79,276/- EXHIBIT P2: TRUE COPY OF FIXED DEPOSIT RECEIPT NO.0719421000161/1 DATED 7/6/2011 IN THE NAME OF THE PETITIONER IN CANARA BANK, SHORNUR BRANCH FOR A SUM OF RS.26,57,153/- EXHIBIT P3: TRUE COPY OF FIXED DEPOSIT RECEIPT NO.0719421000162/1 DATED 7/6/2011 IN THE NAME OF THE PETITIONER IN CANARA BANK, SHORNUR BRANCH FOR A SUM OF RS.26,57,153/- EXHIBIT P4: TRUE COPY OF JUDGMENT DATED 22/7/2011 IN OP.821/2010 PASSED BY FAMILY COURT, PALAKKAD. EXHIBIT P5: TRUE COPY OF COMMON ORDER DATED 4/11/2011 IN IA.NOS.2846/2011,2847/2011 AND 2848/2011 PASSED BY FAMILY COURT, PALAKKAD. EXHIBIT P6: TRUE COPY OF LETTER DATED 8/12/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P7: TRUE COPY OF LETTER DATED 8/12/2011 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P8: TRUE COPY OF REVIEW PETITION NO.3141/2011 FILED BY THE 2ND RESPONDENT IN OP.884/2011 BEFORE THE FAMILY COURT, PALAKKAD. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.S.TO.JUDGE sts THOTTATHIL B.RADHAKRISHNAN & C.T. RAVIKUMAR, JJ. ---------------------------------------- -------- W.P.(C) No. 33868 of 2011 ------------------------------------------------- Dated this the 22nd December, 2011 J U D G M E N T Thottathil B.Radhakrishnan,J: The petitioner and second respondent were husband and wife. Now, they are before the Family Court with litigation relating to money lying in different fixed deposits. The 2nd respondent is also stated to have filed an application seeking to revoke the divorce granted under Section 13B of the Hindu Marriage Act. There is yet another litigation touching property. 2. Exhibit P5 is an order issued by the Family Court adjudicating applications for temporary injunction. It has been specifically held in paragraph 11, at running page 9, of that order that the amount covered in I.A.2848/11 is a fixed deposit in the account of the 1st respondent himself with Canara Bank, Shornur [W.P.(C) No.33868/11] 2 branch and there is nothing prima facie to show that the amount covered by that I.A. is the one transferred from the account of the petitioner in terms with the settlement. First respondent referred to in that order is the petitioner herein and the person referred to as petitioner in that order is the 2nd respondent herein. 3. So long as fixed deposits stand in the name of the petitioner P.Ravi, the bank is obliged to release it to him in terms of the contract between bank and the customer. The ostensible relationship for the money that would have been the source for creating that fixed deposit may be a matter for adjudication. The right of second respondent herein as regards to the fixed deposit covered by I.A.2848/11 in O.P. No.884 of 2011 of the Family Court, Palakkad is at the best only to get appropriate security for such amount, having regard to the very peculiar nature of the litigation in hand. 4. We also record that the learned counsel for second respondent states that an application for review of Ext.P5 order has been filed before the Family Court. That by itself does not dissuade us from taking the aforesaid view. 5. In the above circumstances, we order that first respondent shall release to petitioner the fixed deposit receipts [W.P.(C) No.33868/11] 3 standing in his name, in case he has applied for such reliefs, and the petitioner shall thereupon furnish security for the amounts covered by those fixed deposit receipts before the Family Court, Palakkad in O.P.884/2011. The security shall be offered to the satisfaction of that Court within a period of 45 days from today. However, the bank need not wait for that exercise to be carried out for releasing the fixed deposit amount. Writ Petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, Judge. C.T. RAVIKUMAR, Judge. krs.