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.
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Tr.P.(C).No.234 OF 2009
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Dated this the 19th day of October 2009
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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