Court allowed the petitioner to seek orders from Family Court regarding custody of pledged gold, deferring bank's auction pending resolution.

JUDGMENT The petitioner’s husband (2^nd respondent herein) availed a loan from the 1^st respondent bank after pledging certain gold ornaments. Going by the pleadings in the writ petition, there are certain matrimonial disputes between the petitioner and the 2^nd respondent and at the instance of the petitioner, O.P.No.89 of 2026 is pending before the Family Court, Aluva, seeking return of gold ornaments. The petitioner is before this Court apprehending that the gold ornaments, which are the subject matter of O.P.No.89 of 2026 before the Family Court, Aluva, will be sold by the 1^st respondent bank in auction, to the prejudice of the petitioner. It is submitted that if the Bank sells the gold for the purposes of recovering the amount due from the 2^nd respondent, the relief sought for before the Family Court will practically become infructuous.

2. The learned counsel appearing for the respondent Bank would submit, on instructions, that on account of the proceedings before the Family Court, Aluva, the proposed auction has been deferred. It is submitted that it is for the petitioner to seek appropriate orders from the Family Court, Aluva and that the Bank has no objection in accepting the amount due from the petitioner and returning the gold ornaments of the petitioner, provided the Family Court were to pass orders to that effect.

3. Having heard the learned counsel for the petitioner and the learned counsel for the respondent Bank and in the facts and circumstances noticed above, I am of the opinion that this writ petition can be disposed of without notice to the 2^nd respondent. Admittedly, there are proceedings between the petitioner and the 2^nd respondent before the Family Court, Aluva for return of gold ornaments, which are also subject matter of pledge with the 1^st respondent Bank.

4. The learned counsel for the respondent Bank has submitted that the proposed auction has been deferred. Therefore, in the facts and circumstances noticed above, it is for the petitioner to move the Family Court, Aluva for appropriate orders – interim / final for the purposes of protecting the gold ornaments, which are now pledged by the 2^nd respondent before the 1^st respondent Bank.

Accordingly, this writ petition will stand disposed of permitting the petitioner to file an appropriate application before the Family Court, Aluva in the pending proceedings seeking appropriate orders regarding the custody of the gold ornaments. On such application being filed, the Family Court, Aluva shall pass appropriate orders thereon, after affording an opportunity of hearing to the petitioner and to the 1^st respondent. Thereafter, the parties shall be governed by the orders to be passed by the Family Court, Aluva in the petition to be filed by the petitioner as above. It is made clear that since the Bank has already deferred the auction and has no objection in receiving the amount due from the petitioner. It is made clear that the 1^st respondent Bank need not be heard in proceedings before the Family Court. In order to enable the petitioner to obtain appropriate orders from the Family Court as above, it is directed that the Bank shall not bring the gold ornaments in question to sale for a further period of three months. Within such time, it is for the petitioner to seek appropriate orders as directed above. It is made clear that if the petitioner or the 2^nd respondent do not come forward to clear the liability to the Bank, it will be open to the Bank to further proceed with the auction of the gold ornaments to recover amounts due to it.

The writ petition is ordered accordingly.

Sd/-