Kerala High Court issued directions for the return of a motor car by petitioner to respondent wife under a Family Court order. The court mandated a judicial inventory preparation to record condition before handover.
Petitioner directed to produce car and documents; inventory to be prepared by competent officer; possession handed over to respondent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
&
THEHONOURABLEMR.JUSTICEP.M.MANOJ
THURSDAY,THE4THDAYOFAPRIL2024/15THCHAITHRA,1946
OP(FC)NO.215OF2024
AGAINSTTHEORDERDATED27.02.2024INI.A.NO.4OF2023IN
OP(OTHERS)NO.1110OF2023OFFAMILYCOURT,KOLLAM
PETITIONER/RESPONDENT/1STRESPONDENT:
JOSEPHJOSEPH
AGED38YEARS
S/O.JOLLYJOSEPH,RESIDINGATPA2,
CHOICEGARDENS,VYTTILAP.O,JANATHAROAD,
ERNAKULAM,PIN-682019
BYADVS.
SAIBYJOSEKIDANGOOR
BENNYANTONYPAREL
ANOOPSEBASTIAN
PRAMITHAAUGUSTINE
ADITHYAKIRANV.E
ADRISYAS.
RESPONDENTS/PETITIONER/PETITIONER:
MIRIAMTINAFRANCIS
AGED35YEARS
D/OANTONYFRANCIS,
RESIDINGATANTONY,DALE,PORTROAD,
SAKTHIKULANGARA.P.O,KOLLAM,PIN-691001
OP(FC) No.215 of 2024
2
BYADVS.
AJIRAJG.R.(K/772/2002)
SRIP.T.DINESH
THISOP(FAMILYCOURT)HAVINGCOMEUPFORADMISSIONON
04.04.2024,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:
OP(FC) No.215 of 2024
3
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner herein is the 1st respondent in O.P.(Others) No. 1110/2023 on the file of the Family Court, Kollam. In the Original Petition, an application was filed by the respondent-wife as I.A.No. 4/2023 seeking issuance of directions to the petitioner herein to return the Mercedez Benz Motor Car (C220 D) bearing Registration No. KL7 CU 0010 along with the registration certificate and other documents. By the impugned order dated 27.02.2024, the Family Court, after considering the facts and circumstances, directed the petitioner to handover the car along with the key and its documents within fifteen days. The aforesaid order is under challenge in this petition.
OP(FC) No.215 of 2024
4
appropriate proceedings. It is also submitted that while issuing the order, the Family Court has not directed the preparation of an inventory to ascertain the condition of the car. According to the learned counsel, if the same is not done, a contention would be raised at a much later stage that some damage was caused by the petitioner to the car.
OP(FC) No.215 of 2024
5
The petitioner shall produce the car before the Family court on any day within a week along with the key and all other original documents pertaining to the car. An inventory shall be prepared by a competent officer in the presence of the petitioner as well as the respondent. Thereafter, the car shall be handed over and the taking of the possession of the car by the respondent shall be recorded in the inventory itself. The inventory shall be retained along with the case records. Insofar as the amounts stated to have been spent by the petitioner as borne out from Exts.R1 to R5 receipts are concerned, it would be open to the petitioner to claim set off or raise counter claims at the appropriate stage. The right of the respondent wife to claim compensation for damages, if any, caused to the vehicle in appropriate proceedings is also reserved.
sd/-
RAJA VIJAYARAGHAVAN V, JUDGE
sd/- P.M.MANOJ JUDGE
DCS
OP(FC) No.215 of 2024
6
APPENDIX OF OP (FC) 215/2024
PETITIONER EXHIBITS
ExhibitP1TRUECOPYOFTHEOP(OTHERS)NO:1110/2023
FILEDBYTHERESPONDENTBEFORETHEFAMILY
COURT,KOLLAMDATED26.9.2023
ExhibitP2TRUECOPYOFTHEIANO4/2023INOPNO:
1110/2023FILEDBYTHERESPONDENTBEFORETHE
FAMILYCOURT,KOLLAMDATED26.9.2023
ExhibitP3TRUECOPYOFTHECOUNTERAFFIDAVITFILEDBYTHE
PETITIONERDATED19.12.2023INIANO4/2023IN
OPNO:1110/2023BEFORETHEFAMILYCOURT,
KOLLAM
ExhibitP4TRUECOPYOFTHEORDERDATED27.2.2024INIA
NO:4/2023INOP(OTH)NO:1110/2023THE
FAMILYCOURT,KOLLAM
2 issues framed by the court
Whether to direct the return of the vehicle by the petitioner to the respondent after the Family Court order.
Whether an inventory of the vehicle's condition must be prepared before handover to prevent future disputes regarding damages.
Joseph Joseph
Miriam Tina Francis
State of Kerala
Raja Vijayaraghavan V
P.M. Manoj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court