SENIOR DIVISIONAL PERSONNEL OFFICER Vs. ANJU R

JUDGEMENT

(1.) We appreciate that the petitioner/railways has come to this Court in their anxiety to protect the interests of a minor adopted child of a deceased railway employee.

(2.) We shall summarize the facts. Respondent No.1 herein is the divorced wife of a deceased railway employee by name Raveendran Pillai. Their matrimony was in doldrums. The 1st respondent had filed various cases against her deceased husband. There was a petition for divorce. There was a petition claiming maintenance. We are not really concerned with those two proceedings. Suffice it to say that we are informed that long prior to the death of Raveendran Pillai on 11/10/06 the marriage with the 1st respondent stood dissolved by an order of court.

(3.) We are really concerned with a suit filed by the 1st respondent/divorced wife against Raveendran Pillai. That suit was filed claiming return of money, gold ornaments etc. The same was also decreed ex parte. On 15/4/05 an ex parte decree was passed directing Raveendran Pillai to pay a total amount of Rs.4,27,000/- along with interest and costs to the 1st respondent, his divorced wife. Subsequent to that decree dated 15/4/05, Raveendran Pillai expired on 11/10/06. The 1st respondent wanted the ex parte decree in her favour to be executed. She thereupon arrayed the mother of Raveendran Pillai i.e., the 2nd respondent and the adopted minor child of Raveendran Pillai (R3) as additional Judgment Debtors. In the E.P. Ext.P2 order was passed directing attachment of amounts payable consequent to the death of Raveendran Pillai to his legal heirs.