IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 25501 of 2007(J)
1. SMT.SUMAM,AGED 25,D/O.BABU,
... Petitioner
Vs
1. THE PARAVUR S.N.V REGIONAL CO-OPERATIVE
... Respondent
2. AJI LAL,S/O.LATE ANIRUDHAN,
For Petitioner :SRI.C.K.PRASAD
For Respondent :SRI.B.SURESH KUMAR
The Hon'ble MR. Justice K.M.JOSEPH
Dated :25/10/2007
O R D E R
K.M.JOSEPH, J.
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W.P.(c).No. 25501 OF 2007
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Dated this the 25th day of October , 2007
JUDGMENT
Petitioner has approached this court seeking a mandamus
commanding the 1st respondent to act in accordance with Exts.P2,
P3 and P4 and to transfer the Term Deposit covered by Ext.P1 into
the sole name of the petitioner.
Case of the petitioner in brief is that petitioner and the
second respondent were married on 11/08/2002. An amount of
Rs. 5,00,000/- was deposited with the first respondent bank as a
Term Deposit for a period of 12 years in the name of both the
petitioner and the second respondent. Ext.P1 is stated to be the
Term Deposit Receipt. A girl, now aged 4 years is born in the
wedlock. Second respondent filed a case before the family court
seeking dissolution of marriage. Petitioner filed a case for
realisation of Rs. 19,70,000/- from the second respondent and his
relatives and for transferring the Term Deposit into her sole
name. The petitioner and her child filed a case for maintenance
from the second respondent. The petitioner filed another
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complaint against the second respondent and his relatives for
having committed offences against her. On 11/05/2007 the
marriage was dissolved by the Family Court in view of a
compromise petition. It is agreed by the second respondent that
Ext.P1 Term Deposit would stand transferred into the sole name
of the petitioner. By Ext.P2 order, the Family Court directed the
first respondent to transfer the account of the Term Deposit into
the sole name of the petitioner. The second respondent made
Exts.P3 application requesting to transfer the Term Deposit into
the sole name of the petitioner. Petitioner also made Ext.P4
application.
2. Counter affidavit is filed by the Bank wherein of course
the contention taken is that writ petition is not maintainable. It is
stated that Term Deposit was issued during the 70th year of
operation of the 1st respondent society and Sapthathy cash
certificate scheme is not in existence now and therefore transfer
or name change in the term deposit is not permissible. It is also
stated that under the above scheme, 5 times the amount
deposited is given after 12 years as maturity value.
3. I heard learned counsel for the petitioner and also the
learned counsel for the respondent-Bank. There is no appearance
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for the second respondent. I feel that in the facts of this case, in
view of the direction contained in Ext.P2 by the Family Court,
petitioner is entitled to the relief sought. I also note that Exts.P3
and P4 applications were given by the petitioner and the second
respondent.
The writ petition is disposed of directing the first respondent
to act in accordance with Exts.P2, P3 and P4 and transfer the
Term Deposit covered by Ext.P1 into the sole name of the
petitioner within a period of one month from the date of receipt of
a copy of this judgment.
(K.M.JOSEPH, JUDGE)
sv.
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