Husband to Reimburse ₹90 Lakhs: Safeguarding Joint Property Rights of Husband and Wife.

In a recent legal development, the High Court of Kerala pronounced a significant judgment on November 6, 2023. The case in question involved a joint property dispute between husband and wife. The judgment, issued by Honourable Mr. Justice Amit Rawal and Mrs. Justice C.S. Sudha, bears significance for its implications on the withdrawal of funds after obtaining an ex parte decree.

Background of the Case

The petitioner, referred to as ‘husband,’ aged 68, had obtained an ex parte decree on October 6, 2021, in O.P.No.172/2017. Subsequently, he withdrew ₹90 lakhs along with the accrued interest from the joint account with his wife, referred to as ‘wife.’ However, this ex parte decree was set aside by the court in Mat. Appeal No.337 of 2023 on July 3, 2023.

The Legal Battle

The wife, through an application (I.A.No.15/2023), sought the court’s intervention to restore the situation prevailing during the pendency of O.P.No.172/2017. The court, in its order dated September 15, 2023, directed the husband to deposit ₹90 lakhs and the interest accrued, preferably in the wife’s name.

A dejected husband after a court orders him to Reimburse ₹90 Lakhs withdrawn from the joint property of husband and wife

Legal Arguments

The counsel representing the husband contended that the application should have been filed under Section 144 of the Code of Civil Procedure (CPC) instead of Section 151 of the CPC.

Court's Analysis

The court, in its judgment, noted that the wrong mention of the provisions of law does not warrant rejection when the relief sought aligns with the provisions of the CPC. The husband’s strategic withdrawal of funds was scrutinized, and the court ordered the return of the amount, subject to the outcome of O.P.No.172/2017.


In conclusion, the High Court’s decision sets a precedent for cases involving ex parte decrees and subsequent fund withdrawals. The judgment underscores the court’s commitment to fairness and justice, ensuring diligent adherence to legal procedures.

Download Judgment

Click above to download this Judgment in the case titled OP (FC) No. 644 of 2023. It can serve as a valuable resource for legal reference.

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