IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WP(C).No. 18895 of 2009(R) -------------------------- OP.1195/2005 of FAMILY COURT, ALAPPUZHA .................... PETITIONER(S): --------------- 1. P.R.SANTHOSH, VRINDAVAN, VADAKKUMBHAGOM, CHIRAKKADAVU, PONKUNNAM. 2. MRS.GOPI RAJAGOPAL ALIAS M.N.SARASAMMA, VRINDAVAN, VADAKKUMBHAGOM, CHIRAKKADAVU, PONKUNNAM. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. NISHA, A/219, RAJALEKSHMI APARTMENTS, RACE COURSE CIRCLE, OLD PADRA ROAD, VADODARA, GUJARAT. 2. THE CATHOLIC SYRIAN BANK THIRUVALLA, NRI BRANCH, T.K.ROAD, THIRUVALLA P.O., REPRESENTED BY ITS MANAGER. 3. THE STATE BANK OF TRAVANCORE, CHALAKKUZHI CHAMBERS, ERUMELI P.O., REPRESENTED BY ITS BRANCH MANAGER. ADV. SRI.R.S.KALKURA FOR R3 ADV.SRI.B.S.KRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(C).No.18895 of 2009 ---------------------------------------- Dated this the 2nd day of November 2009 J U D G M E N T Basant,J The petitioners are husband and mother-in-law of the 1st respondent herein. The 1st respondent had filed O.P.No.1195/2005 before the Family Court, Alappuzha claiming an amount of Rs.13 lakhs as also amounts for maintenance. The Family Court, Alappuzha had passed an order of attachment. The petitioners herein had moved the Family Court to vacate the order of attachment. It is submitted that as per the orders of the Family Court, Alappuzha, an amount of Rs.10 lakhs each has been deposited by the petitioners before respondents 2 and 3 and the fixed deposit receipts issued by respondents 2 and 3 were produced before the Family Court, Alappuzha. Accordingly, the attachment was lifted on the security of these deposit receipts which were lodged before the Family Court, Alappuzha. Before the Family Court, Alappuzha, the petitioners raised a contention that the said court has no territorial jurisdiction to consider O.P.No.1195/05. The Family Court, it is submitted, has upheld the said contention and has directed W.P.C No.18895/09 2 return of the O.P to the 1st respondent for presentation before the appropriate court. It is further submitted that the 1st respondent had presented the O.P before the Family Court at Thiruvalla and the same has been dismissed for non-prosecution later. The same was numbered as O.P.No.20/2008. An application to restore the said petition, dismissed for non- prosecution, has also been dismissed, it is further submitted. No further steps have been taken in respect of such O.P by the 1st respondent subsequently. It is the case of the petitioners that subsequently the parties have entered into Ext.P10 agreement also. 2. Be that as it may, the deposit receipts are now lodged before the Family Court at Alappuzha. The Family Court, Alappuzha, while returning the O.P to the 1st respondent for presentation before the proper court, has retained the fixed deposit receipts in its file. The Family Court, Thiruvalla, before which the O.P was represented, had not called for those deposit receipts and hence they were not forwarded by the Family Court, Alappuzha to the Family Court, Thiruvalla. No proceedings are pending before any court now. 3. At this juncture, the petitioners wanted the fixed deposit receipts, produced before the Family Court, to be W.P.C No.18895/09 3 returned. They applied for return of fixed deposit receipts before the Family Court, Thiruvalla assuming that the receipts must have been sent to the Family Court, Thiruvalla. By order in I.A.No.3265, the said petition has been closed. The petitioners have approached before the Family Court, Alappuzha for return of fixed deposit receipts and I.A.No.1382 of 2009 is pending before that court. The short prayer of the petitioners is that I.A.No.1382/09 may be disposed of and the said fixed deposit receipts may be returned to the petitioners herein. Respondents 2 and 3 are formal parties arrayed in this writ petition. They are the banks before which the fixed deposits are made. 4. We directed issue of notice to the 1st respondent. Notice was returned with the endorsement that it was refused by the 1st respondent. Service on the 1st respondent has been declared to be sufficient. In our anxiety to satisfy ourselves that the 1st respondent does not have to state anything more in the matter, we directed the learned counsel for the petitioners to give notice to the learned counsel for the 1st respondent, who was appearing before the Family Court, Thiruvalla. An affidavit has been filed on behalf of the petitioners to confirm that such notice was tendered. But the learned counsel did not accept the same. W.P.C No.18895/09 4 5. We are now satisfied that the 1st respondent has nothing to say in the matter and that is the reason why the 1st respondent has not chosen to appear before this court. No proceedings are pending before any court as asserted by the petitioners and, in these circumstances, we are satisfied that the petitioners are entitled to have I.A.No.1382/09 disposed of by the Family Court, Alappuzha. Inasmuch as no proceedings are pending before any court, we find no justification in the courts insisting that the fixed deposit receipts must continue ad infinitum in the possession of the court. We need only mention that Family Court, Alappuzha must pass appropriate orders in this petition. 6. This writ petition is accordingly allowed. The Family Court, Alappuzha is directed to dispose of I.A.No.1382/09 in accordance with law and in the light of the observations made above. Compliance shall be reported by the Family Court, Alappuzha. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C No.18895/09 5 W.P.C No.18895/09 6 W.P.C No.18895/09 7 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009