Surumi v. Ismail
Case brief
What is this about?
The Court dismissed a writ petition challenging an order lifting attachment of property belonging to the brother of the husband. It held that sufficient averments did not exist to establish fraudulent transfer or justify attaching that specific property.
What did the court decide?
The writ petition is dismissed; all interim orders are vacated.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI
MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931
WP(C).No. 23738 of 2009(R)
-------------------------AGAINST THE ORDER DATED 10/08/2009 IN IA.1865,2070/09 IN OP.564/2009 of FAMILY COURT, ALAPPUZHA
PETITIONER(S):
SURUMI, AGED 20 YEARS,W/O.ISMAIL,SURUMI MANZIL, THURAVOOR P.O.,CHERTHALA.
BY ADV. SRI.B.PRAMOD
RESPONDENT(S):
- ISAMAIL, AGED 32 YEARS,S/O.IBRAHIM,KAKKATTU HOUSE, ILLATHUPADI,EDAVANAKKADU VILLAGE, KOCHI TALUK,ERNAKULAM DISTRICT.
Issues for consideration
3 issues framed by the court
whether sufficient averments were made to justify attachment of property belonging exclusively to the fourth respondent.
whether the transfer of property from the third respondent to the fourth respondent was fraudulent.
whether the impugned order lifting the attachment warrants interference under Article 227 of the Constitution.
Parties & counsel
- petitioner
SURUMI
- respondent
ISAMAIL
- respondent
HAJIRA
- respondent
IBRAHIM
- respondent
RIJAS
Case details
As recorded by the court registry
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