IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 8056 of 2009(B) ------------------------- PETITIONER(S): --------------- 1. JAISE SHIJO,W/O SHIJO PAUL AGED 26 YEARS R/AT KOCHUPARAKKAL TAZHATHY (H),S.N.JUNCTION ROAD, PAZHUM KAVALA, KATTAPANNA.P.O.685508,KATTAPANNA VILLAGE, IDUKKI DSTRICT, KERALA. 2. AIGALEENA SHIJO, D/O.SHIJO PAUL, AGED 6YEARS R/AT KOCHUPARAKKAL THAZHATHU(H), S.N.JUNCTION ROAD, PAZHUM KAVALA,KATTAPPANA, P.O.685508,KATTAPPANA VILLAGE, IDUKKI DISTRICT, KERALA. 3. PAUL SHIJO, S/O SHIJO PAUL AGED 3 YEARS, R/AT KOCHUPARAKKAL THAZHATHU(H), S.N.JUNCTION ROAD, PAZHUM KAVALA, KATTAPPANA.P.O.685508, KATTAPPANA VILLAGE, IDUKKI DISTRICT, KERALA. BY ADV. SRI.TOM JOSE RESPONDENT(S): --------------- 1. THE UNION BANK OF INDIA REP. BY ITS CHIEF MANAGER REGIONAL OFFICE, UNION BANK BHAVAN, M.G.ROAD, STATUE TRIVANDRUM-695001. 2. UNION BANK OF INDIA, KATTAPANA BRANCH, REP. BY ITS BRANCH MANAGER, ELAVATHINKAL BUILDING BUS STAND ROAD KATTAPANA, IDUKKI DISTRICT. 3. THE AUTHORISED OFFICER, UNION BANK OF INDIA, UNION BANK BHAVAN, M.G.ROAD, STATUE, TRIVANDRUM. 4. M/S. KOCHUPURAKKAL MARKETING PSPICES, REP. BY ITS PROPRIETOR SHIJO PAUL S/O.PAILEY POULOSE AGED 29 YEARS R/AT KOCHUPURAKKAL THAZHATHU HOUSE,S.N.KUNCTION ROAD, KOCHU THODU OAD, KATTAPPANA VILLAGE IDUKKI DIST.685508. 5. PAILY PAULOSE, AGED 55 YEARS, R/AT KOCHUPURAKKAL THAZHATH (H), S.N.JUNCTION ROAD,KOCHU THODU ROAD, KATTAPPANA VILLAGE, IDUKKI DIST.685508. ADV.SRI.A.S.P.KURUP FOR RESPONDENTS 1 TO 3. ADV.SRI.C.P.PEETHAMBARAN FOR RESONDENTS 4 AND 5. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.8056 of 2009-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of March, 2009. JUDGMENT 1.The petitioners are the wife and two minor children of the fourth respondent Sri.Shijo Paul, the owner of a proprietary concern, which, though not a juristic person, is shown in the writ petition as the fourth respondent. The fifth respondent is his father. Matrimony and paternity, as noticed above, are not in dispute. Litigations are pending before the Family Court between the petitioners and the fourth respondent. Stated to be as a compromise formula, certain documents were executed by the fourth respondent in favour of the petitioners. As of now, the fourth respondent takes the stand that those documents were executed as a result of coercion. He has sued the petitioners for a decree setting aside those sale deeds. 2.On account of the debt incurred by the fourth respondent in relation to the proprietary WP(C)8056/2009 -: 2 :- concern, the Union Bank of India, the second respondent herein, has proceeded against the properties, which now stand conveyed to the petitioners. They are security properties. The bank cannot be forced to get entangled in the controversies between the petitioners and the fourth respondent. 3.The petitioners cannot also be left high and dry even without any interim maintenance. The second petitioner is a girl aged 6 years and the third petitioner, a boy of 3 years. While the bank cannot be prevented from dispossessing the petitioners, necessary orders for interim maintenance have to be sustained in favour of the petitioners. Therefore, without prejudice to the right of parties to contest the matters pending before the Family Court in relation to the family matters and also in relation to the aforesaid documents, while affirming the right of the second WP(C)8056/2009 -: 3 :- respondent bank to further proceed with the impugned securitisation action, it is ordered that by the force of this judgment, the fourth respondent Sri.Shijo Paul will pay to the petitioners, monthly maintenance at the rate of Rs.20,000/- as an interim measure, subject to further orders which the Family Court may make in any application pending for maintenance. Such payment in terms of this judgment shall be made with effect from March, 2009. In the event of the Family Court coming to a conclusion that the rate of maintenance should be lesser than what is stated above, the said order will prevail over the terms fixed by this Court in this judgment since the arrangement made herein is only an interim measure to take care of the human right situation of two infants and their mother. The writ petition is ordered leaving open all other questions. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/190309