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2012 Supreme(Online)(KER) 3338

HIGH COURT OF KERALA
PIUS C.KURIAKOSE, BABU MATHEW P.JOSEPH, JJ
KAVITHA EAPEN – Appellant
Versus
GIJU GEORGE – Respondent


JUDGMENT

Pius C. Kuriakose, J Under challenge in this appeal preferred by the appellant who is the wife of the respondent is the judgment and decree of the Family Court, Thiruvananthapuram by which OP(DA) No.1371/10 filed by the appellant was dismissed. The above OP was for a declaration that the respondent should get his name deleted from the joint fixed deposits Nos.065921 and 065922 with Catholic Syrian Bank, Changannur branch within the stipulated time failing which the bank should be directed to delete the name of the respondent from the two fixed deposits receipts accounts and the appellant should be permitted to withdraw the proceeds of the accounts. The respondent did not contest the OP. However, the learned Family Court has taken the view that the evidence adduced by the appellant falls short of upholding his claim that name of the respondent was included in the fixed deposits receipts only as a trustee for the appellant and that the real beneficiary of the deposits is the appellant alone. In that view of the matter the OP was dismissed by the learned Family Court. The respondent remains ex parte in this appeal also.

2. We have heard the submissions of Sri.T.K.Ananda Krishn

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