THANKAM Vs. REMANI

JUDGEMENT

(1.) This appeal has been preferred by the decree holder in E.P No.45 of 2006 in OP No.990 of 2005 on the file of Family Court, Thiruvananthapuram, challenging the order dtd. 27/1/2014 in E.A No.165 of 2013, which was a claim petition filed by the 1st respondent.

(2.) The facts necessary for this appeal could be summarised as follows: The appellant herein filed OP No.990 of 2005 for recovery of patrimony, maintenance etc., against the 2nd respondent herein, who is her husband. That O.P was decreed in her favour, and she filed E.P No.45 of 2006 and proceeded against the attachment schedule property which was six cents of land comprised in survey No.358/14 of Kalliyoor village, for realising the decree debt. That property was sold in court auction and the appellant purchased that property, in the court auction held on 29/6/2011. Sale was confirmed on 29/8/2011, and sale certificate was issued in her favour on 13/6/2012. While the E.P was posted for delivery, on 18/12/2013 the 1st respondent herein filed a claim petition as E.A No.165 of 2013 contending that, the 2nd respondent is her husband and the auctioned property belonged to her, as it was given to herself and her husband as her share by her father. According to her, she was the absolute owner of that property, though the name of the 2nd respondent/husband was also shown in that document. So, she wanted to exempt her property from the sale proceedings.

(3.) The appellant/decree holder objected that petition contending that, there was no marital relationship between respondents 1 and 2, and the property was liable to be proceeded for the dues to be recovered from her husband.