JENY MATHEW Vs. YESUDAS

JUDGEMENT

(1.) O.P.No.256/2019 was filed by the husband before the Family Court, Alappuzha for declaration of title and ownership over the petition schedule property. An interim injunction was passed against the wife from alienation. Thereafter, the husband filed an application for interim injunction to handover the key of the house as well as the original RC book of the car. The Original Petition has been allowed on the premise that earlier order passed by the Family Court against alienation is not under challenge. This order along with the earlier order passed by the Family Court are under challenge in this Original Petition filed by the wife.

(2.) It is to be noted that the property stands in the name of wife. The suit is yet to be tried. The wife has no intention to alienate the property. That is the reason, the earlier order was not challenged by her. The Family Court noted that there is no electricity connection and therefore it cannot be believed that the wife is residing in the house. Noting this, the Family Court directed the wife to hand over the key of the house.

(3.) We are of the view that the order passed by the Family Court is legally perverse and unsustainable. The Family Court had not gone into the elements required under Order XXXIX of the Code of Civil Procedure, 1908 to pass such an order. Admittedly, the petition schedule property stands in the name of wife. Prima facie in such a situation no interim order can be passed against a person in whose name property stands. The respondent has to establish title and ownership over the property by adducing evidence.