IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Tr.P(C).No. 177 of 2009 ------------------------- OP.435/2009 of FAMILY COURT,THRISSUR .................... PETITIONER/PETITIONER: ------------------------------- GAYATHRI G NAIR,AGED 19 YEARS, D/O.GOPALAKRISHNAN NAIR,SRISHYLAM, KUTTEMPEROOR.PO,ALLEPPEY-689 623. BY ADV. MR.C.S.MANU MR.S.K.PREMRAJ MR.K.N.RAVEENDRAN MR.P.CHANDRASEKHARAN PILLAI (VENNELA) MR.K.THAVAMONY MR.T.B.SIVAPRASAD MR.ABHILASH AKBAR RESPONDENT/ RESPONDENT: ------------------------- KRISHNAKUMAR MAIKKARA, S/O.P.BALAKRISHNAN,AGED 28 YEARS,ANJALY HOUSE, PUTHURKARA,AYYANTHOLE,ALLEPPEY DISTRICT. ADV. MR.R.PARTHASARATHY MR.C.JAYACHANDRAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 177 of 2009 ORDER ON I.A.NO.1278/2009 IN TR.P.C.NO.177/2009 DISMISSED. 12.10.2009 SD/- S.S.SATHEESACHANDRAN,JUDGE. // TRUE COPY // P.A TO JUDGE. S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.177 of 2009 --------------------------------- Dated this the 12th day of October, 2009 O R D E R Petition is filed for transfer under Section 24 of the Code of Civil Procedure. Petitioner in the above petition has filed a petition as O.P(HMA).No.328 of 2009 before the Family Court, Alappuzha seeking a decree of nullity of the marriage between her and respondent. Respondent has filed another petition as O.P.435 of 2009 before the Family Court, Thrissur seeking a decree of restitution of conjugal rights. The above petition has been filed by the petitioner seeking transfer of petition O.P.435 of 2009 from the Family Court, Thrissur to the Family Court, Alappuzha. 2. Notice given, respondent has entered appearance through counsel. 3. After hearing the counsel on both sides at length as it was found that chances of settlement by way of mediation have to be examined the parties were referred to the Mediation Centre. Thanks to the efforts made by the mediator the parties have Tr.P.C.No.177 of 2009 - O 2 entered into a compromise, the terms of which are incorporated in the compromise petition signed by them duly subscribed by their counsel as well. Both parties have agreed to withdraw their respective petitions pending before the Family Courts and file a petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act. Petitioner and respondent, both of them, have made a joint request to this Court to waive statutory waiting period for an early disposal of their application under Section 13B of the Hindu Marriage Act for divorce. It is within the province of the Family Court to consider that request. However the circumstance that in view of mediation made by this Court, the parties have arrived at a settlement as evidenced by the compromise deed, has to be taken note of by the Judge, Family Court, in considering the request, if any, made by the parties. Compromise entered by the parties is recorded. Taking note of the compromise entered the petitions filed by both parties, O.P(HMA).No.328 of 2009 on the file of Family Court, Alappuzha and O.P.435 of 2009 before the Family Court, Thrissur are transferred to the Family Court, Ernakulam to pass Tr.P.C.No.177 of 2009 - O 3 appropriate orders on such petitions and also in the joint petition, if any, filed before that court. The Judges of the respective Family Courts are directed to sent the records of the above two cases to the Family Court, Ernakulam without delay on production/receipt of a copy of this judgment. Send a copy of the order to all the Family Courts concerned including the Family Court, Ernakulam. 4. Parties are directed to appear before the Family Court, Ernakulam on 2.11.2009. The records in the pending O.Ps, referred to above, are directed to sent at the earliest to facilitate the appearance of the parties before the Family Court, Ernakulam before the date fixed. Transfer petition is disposed of as indicated above. Hand over a copy of the order to the counsel on both sides on usual terms. S.S.SATHEESACHANDRAN, JUDGE. bkn/-