IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 1305 of 2010(R) ------------------------------------- OP.397/2009 of FAMILY COURT, MALAPPURAM .................... PETITIONER(S): ----------------------- 1. SAYYID MUHAMMED RAFEEQUE THANGAL, S/O.YOOSUR KOYA THANGAL, AGED 26 YEARS, RESIDING AT MELULLA PURAKKAL HOUSE, PANTHARANGADI P.O., PALLIPPADI, PALATHINGAL, MALAPPURAM DISTRICT, PARAPPANANGADI POLICE STATION. 2. KADEEJA BEEVI, W/O.YOOSUF KOYA THANGAL, AGED 50 YEARS, RESIDING AT MELULLA PURAKKAL HOUSE, PATHARANGADI P.O., PALLIPPADI, PALATHINGAL, MALAPPURAM DISTRICT, PARAPPANANGADI POLICE STATION. BY ADV. SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON SRI.K.K.SAIDALAVI RESPONDENT(S): ------------------------- SARAFUNEESA BEEVI, D/O.SAYYID MUHAMMED YOOSUR, AGED 20 YEARS, MUTHIRAPPARAMBATH HOUSE, PUNNATHALA P.O., KURUMBATHORU AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, KALPAKANCHERY POLICE STATION. BY ADV. SRI.BABU S. NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1305 of 2010(R) PETITIONER'S EXHIBITS: EXT.P1..TRUE COPY OF IA NO.2065/2009 IN OP.NO.397/2009. EXT.P2..TRUE COPY OF THE ORDER DATED 31.12.2009. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.1305 of 2010-R ---------------------------------------------- Dated, this the 19th day of February, 2010 J U D G M E N T K.M.Joseph, J. Petitioners are the petitioners in C.M.P.No. 2065 of 2009 in O.P.No.397 of 2009 on the file of the Family Court, Malappuram. The above O.P was filed by the respondent for recovery of Rs.5,89,500/- being the value of gold ornaments and the amounts alleged to have been taken away by the petitioners from the respondent. Ext.P2 is the common order passed by the Family Court, Malappuram allowing the petitions to set aside the exparte order in the M.C and the O.P filed by the respondent on condition that the husband will deposit the entire arrears accrued in the M.C and the petitioners will deposit 20% of the decreetal amount on or before 12 noon of 15.1.2010. 2. We heard the learned counsel for the petitioners and learned counsel for the respondent. Learned counsel for the petitioners who challenges the order setting W.P.C No.1305/2010. -2- aside the exparte order in the O.P would submit that the imposition of the condition to deposit 20% of the decreetal amount is harsh. Learned counsel for the respondent points out that the husband is working in gulf country and what is directed is deposit of only 20% of the decreetal amount. 3. We notice that the Court below found that there is no evidence as such. But, the Court has taken a lenient view. In such circumstances, we are not inclined to interfere with the imposition of the condition of deposit of 20% of the decreetal amount. However, we make it clear that, upon the amount being deposited by the petitioners, the said amount shall not be withdrawn by the respondent till the disposal of the case afresh. The writ petition is disposed of as follows: (i). We confirm the imposition of condition of depositing 20% of the decreetal amount as ordered in O.P.No.397/2009. (ii). We give three weeks' time from today to deposit 20% of the decreetal amount. (iii). We further direct that, upon deposit being W.P.C No.1305/2010. -3- made as ordered, the Family Court, Malappuram will take O.P.No.397/2009 and M.C.No.451/2009 and dispose of the same within a period of three months from the date on which the amount is deposited by the petitioners. iv). We further order that the amount deposited shall not be withdrawn till the disposal of the cases. It is made clear that, if the petitioners do not deposit the amount as directed the petitioners will lose the benefit of this judgment. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS