SHEMIM SULAIMAN AND ORS. Vs. SURUMI KASSIM

JUDGEMENT

(1.) IN this original petition instituted under Article 227 of the Constitution of India, the petitioners are challenging Ext. P6 order passed by the Family Court in I.A. No. 23 of 2015 in O.P. No. 1149 of 2012. The case before the Family Court was filed by the respondent herein seeking for return of gold and money. In order to vacate an interim order of attachment of immovable property passed by the Family Court, the petitioners have furnished security by producing Fixed Deposit Receipt to the tune of Rs. 5,25,000/ -, deposited at the Federal Bank, Thengana Branch. Subsequently the case before the Family Court (O.P. No. 1149 of 2012) was settled between the parties in terms of Ext. P1 Memorandum of Agreement. Among terms of the settlement arrived it was agreed upon that, the amount of security furnished through the Fixed Deposit can be realized by the respondent, in lieu of her claims, as and when the criminal case instituted by her alleging offence punishable under Section 498A of the Indian Penal Code, will be withdrawn and as and when the marriage is dissolved through 'Talaq'. It is stated that, based on Ext. P1 Memorandum of Agreement, O.P. No. 1149 of 2012 was disposed of by the Family Court on 5.7.2013, after endorsing Ext. P2 receipt signed by the respondent herein acknowledging receipt of the gold ornaments. Subsequently, the petitioners herein have approached this court in Crl. M.C. No. 5232 of 2014 seeking to quash the criminal case, which was pending before the Judicial First Class Magistrate, Changanacherry as C.C. No. 44 of 2013, which was instituted at the instance of the respondent alleging offence punishable under Section 498A I.P.C. Crl. M.C. No. 5232 of 2014 was allowed by this court through Ext. P4 order by quashing the further proceedings in C.C. No. 44 of 2013, after making it clear that the amount of Rs. 5,25,000/ - in deposit before the Family Court, Alappuzha shall be disbursed to the respondent herein.

(2.) BASED on the compromise and based on Ext. P4 order of this court, the respondent herein filed I.A. No. 23 of 2015 before the Family Court seeking for disbursal of the amount of security deposit to the tune of Rs. 5,25,000/ -, along with interest accrued thereon. The relief sought for in the said application (Ext. P5) was to handover the 'Fixed Deposit Receipt' to the respondent and to direct the Bank Manager to permit her to withdraw the amount with interest. The said application was allowed by the Family Court on 13.1.2015 as per Ext. P6 order, which is impugned in this original petition.

(3.) HEARD ; counsel appearing on both side. This court takes note of the fact that Ext. P5 interim application was filed by the respondent on 8.1.2015, as evidenced from the endorsement on the 'Docket Sheet'. There is an endorsement made by the counsel appearing for the petitioners before the court below on 7.1.2015, to the effect that, copy of the interim application was received and that they have no objection in releasing Rs. 5,25,000/ - only. It is further evident that the Family Court had considered the said application on 13.1.2015. Proceedings noted by the Family Court in the Docket Sheet on 13.1.2015 is that, "this ptn. filed by the ptnr. for lifting the money attachment of Federal Bank, Thengana Branch. This case is closed on 5.7.13 as settlement". On the same day the interim application was allowed through Ext. P6 order. The further endorsement in the Docket Sheet would indicate that the F.D. Receipt was returned to the respondent from the Family Court on 24.1.2015.