High Court Kerala High Court

Latha vs P.Raveendran on 19 October, 2009

Kerala High Court
Latha vs P.Raveendran on 19 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(C).No. 234 of 2009()


1. LATHA, AGED 50 YEARS,
                      ...  Petitioner

                        Vs



1. P.RAVEENDRAN, S/O. K.V.SANKARAN NAIR,
                       ...       Respondent

                For Petitioner  :SRI.D.ANIL KUMAR

                For Respondent  :SRI.P.K.ANIL

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :19/10/2009

 O R D E R
            S.S.SATHEESACHANDRAN, J.
          -----------------------------
             Tr.P.(C).No.234 OF 2009
           --------------------------
     Dated this the 19th day of October 2009
     -------------------------------------

                      ORDER

Petition for transfer filed under Section

24 of the Code of Civil Procedure. Petitioner is

the wife, and respondent the husband. Husband has

filed a petition for divorce as O.P No.663 of 2009

before Family Court Thrissur, and the wife has

sought for transfer of that petition to the Family

Court Ernakulam. After hearing the counsel on both

sides and taking note of the facts and

circumstances and also the age of the parties who

have crossed middle age, parties were directed to

appear before the Mediation Center to see whether

by mediation settlement resolving the disputes is

possible. Pursuant thereto, thanks to the efforts

made by the mediator Advocate C.E Unnikrishnan,

the parties have reached a settlement to resolve

the disputes by seeking a dissolution of their

marriage by mutual consent. Terms of settlement

Tr.P.(C).No.234 OF 2009 Page numbers

arrived by the parties have been filed with the

report of the mediator. Parties and their counsel

also have subscribed their signatures in the

settlement arrived. The parties have decided to

break the marriage by filing a petition under

Section 13(B) of the Hindu Marriage Act. The

learned counsel for the wife requested for transfer

of the petition to the Family Court, Ernakulam, to

which the respondent has no objection. Having

regard to the submissions arrived at and the facts

and circumstances presented, I direct for transfer

of O.P No.663/2009 before the Family Court

Ernakulam. On the filing of the joint petition

under Section 13(B) of the above Act for divorce by

mutual consent by the parties the court below shall

permit them to withdraw O.P No.663/2009. Any

application moved by the petitioners for having

exemption from the time limit fixed for passing of

a decree for divorce on mutual consent, on filing

of their joint petition, has also to be considered

by the court below taking note of the settlement

Tr.P.(C).No.234 OF 2009 Page numbers

arrived in the mediation ordered by this court.

Subject to the above directions transfer of O.P

No.663/09 from the Family Court, Thrissur to the

Family Court, Ernakulam is ordered, directing the

Judge, Family Court, Thrissur to transmit the

records without delay to the transferee court. The

parties shall appear before the transferee court

on 02/11/2009. Registry shall also inform the

Family Court, Thrissur, of the date fixed for

appearance of the parties before the Family Court,

Ernakulam, so that, the records are transmitted to

the transferee court before the date fixed for

appearance of the parties. The Judge, Family

Court, Ernakulam is directed to take note of the

settlement arrived at by the parties, in mediation,

in the present suit, so as to pass appropriate

orders after filing of the joint petition by the

parties before that court.

Sd/-

                                    S.S.SATHEESACHANDRAN,
                //TRUE COPY//               JUDGE

vdv                                     P.A TO JUDGE