IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 33912 of 2007(S) -------------------------- OP(G&W)466/2006 of FAMILY COURT,TRIVANDRUM .................... PETITIONER(S): --------------- K.KAVITHA DEVI, AGED 28 YEARS, W/O.RAMESH, RESIDING AT TC 13/209(5), "POURNAMI", KOIKKAL LANE, KANNAMOOLA. BY ADV. SRI.K.RAJESH KANNAN SMT.MAJIDA.S RESPONDENT(S): --------------- C.RAMESH, RESIDING AT 139, SHIVANANDA NAGAR, NEAR THIPPASANDRA POST, BANGALORE-560 075. ADV. SRI.N.D.JOY SMT.RANI JOY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDX PETITIONER'S EXHIBITS - P1 - TRUE COPY OF ORIGINAL PETITION IN OP(G&W) 466/06. P2 - TRUE COPY OF ORIGINAL PETITION OP 467/06. P3 - TRUE COPY OF JUDGMENT IN WP(C) 24091/07 DATED 8.8.07. P4 - TRUE COPY OF JUDGMENT DATED 16.8.07 IN WP(C) 22368/07. RESPONDENT'S EXHIBITS - R1 - PHOTOCOPY OF WP(C) 24091/07 . R2 - PHOTOCOPY OF NOTCE DT. 14.4.07 FOR DIVORCE. R3 - PHOTOCOPY OF REPLY DT. 12.6.07 FROM THE RESPSONDENT. R4 - PHOTOCOPY OF REPLY DT. 2.7..07 AGAINST THE REPLY DT. 12.6.07 FROM THE RESPSONDENT. R5 - PHOTOCOPY OF JUDGMENT DT.8.8.07 IN WP(C) 24091/07 R6 - PHOTOCOPY OF COUNTER AFFIDAVIT. R7 - PHOTOCOPY OF STAY ORDER IN WP(C) 22368/07. R8 - PHOTOCOPY OF RP 1170/07 IN WP(C) 22368/07. R9 - PHOTOCOPY OF WRTTEN STATEMENT IN OP(G&W) 466/06 IN FAMILY COURT, TRIVANDRUM. R10 - PHOTOCOPY OF WRTTEN STATEMENT IN OP(G&W) 467/06 IN FAMILY COURT, TRIVANDRUM. P.R .RAMAN & P.S. GOPINATHAN, JJ. ------------------------------------- W.P.(C) 33912 OF 2007 -------------------------------------- Dated: FEBRUARY 25, 2009 JUDGMENT Gopinathan, J. The petitioner is the wife of the respondent. The respondent married the petitioner on 30.11.2003 in accordance with the customary rites and they were living together as husband and wife and a child was born out of the wedlock. Matrimonial harmony did not last long. They fell apart and has been residing separately. The child is with the respondent. The petitioner filed two petitions as O.P.Nos.466/2006 and 467/2006, Exts.P1 and P2, before the Family Court, Thiruvananthapuram seeking an order for the custody of the minor child and for return of gold ornaments and other articles and also for separate maintenance. 2. The respondent filed a petition as OP No.1192/2006 before the same Court, seeking an order W.P.(C) 33912 OF 2007 -:2:- for restitution of conjugal rights. Subsequently the respondent filed a petition as WP(C) No.22368/2007 before this Court and obtained Ext.P3 order dated 8.8.2007 for early disposal of OP.No.1192/2006. 3. According to the petitioner, all the three petitions arise out of same cause of action and require a joint trial. Hence this petition seeking an order or direction, directing the Family Court to try and dispose of all the three cases viz. OP Nos.466/2006, 467/2006 and 1192/2006 together with a joint trial. 4. There is no whisper in the writ petition that the petitioner had applied for a joint trial before the trial court and it was declined. It is left open to the petitioner to apply for a joint trial before the trial court and to have the cases disposed of by joint or simultaneous trial. Since the petitioner has not approached the trial court with such a request, she is not entitled to the relief now sought for. In the result, this petition is dismissed with liberty to W.P.(C) 33912 OF 2007 -:3:- the petitioner to apply before the trial court for joint or simultaneous trial, which shall be disposed of in accordance with law before proceeding with the trial of any of the petitions filed by the parties. P.R.RAMAN,JUDGE P.S.GOPINATHAN,JUDGE mt/-