IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 OP (FC).No. 383 of 2011(R) -------------------------- OS.248/2007 of FAMILY COURT,KOLLAM .................... PETITIONER: -------------------- SOMAN, S/O. BHASKARAN, AGED 48 YEARS NEDIYATHU VEEDU, KALLELI BHAGOM, KALLELI BHAGOM VILLAGE, KARUNAGAPALLY TALUK, KOLLAM. BY ADV. SRI.BIJU M.JOHN SRI.V.G.VISAL KUMAR RESPONDENT(S): ------------------------ 1. ANITHA, D/O./ RATHNAMMA, AGED 36 YEARS VELIYIL THEKKETHIL VEEDU, KALLELI BHAGOM, KALLELI BHAGOM VILLAGE, KARUNAGAPALLY TALUK, KOLLAM. - 690 518. 2. MINAYI (MINOR), AGED 14 YEARS (AS PER PLAINT) VELIYIL THEKKETHIL VEEDU, DO. DO. REP. BY ANITHA, (MOTHER). 3. REYACE (MINOR), AGED 5 YEARS ( AS PER PLAINT) DO. DO. (REP. BY ANITHA (MOTHER) THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(FC).No. 383 of 2011 R - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2011 JUDGMENT Joseph, J. The prayer in this Original Petition is to issue a direction to the Family Court, Kollam to pass order on Ext.P2 petition for joint trial before taking evidence in O.S.No.171 of 2007. 2. Briefly the case of the petitioner is as follows. Petitioner is the husband of the first respondent and father of respondents 2 and 3. The respondents filed O.S.No. 171 of 2007 before the Family Court, Kollam to recover the value of gold ornaments, money and for maintenance. The respondents claimed a sum of Rs.4,14,180/- along with interest. The petitioner also filed O.S.No. 248 of 2007 to recover a sum of Rs.13,29,610/- with interest from the first respondent and her father, which is also pending before the Family Court, Kollam. O.P.(FC).No. 383 of 2011 2 2. The first respondent and her father appeared before the Family Court and filed their written statement. It is submitted that the subject matter of both the cases are similar and the parties are husband and wife. Therefore the petitioner filed Ext.P2 petition for joint trial of the cases before taking evidence in O.S.No. 171 of 2007. His complaint is that the said petition was not considered. 3. We heard learned counsel for the petitioner. 4. After hearing the learned counsel and after considering the matter, we direct the Family Court, Kollam to take up Ext.P2 petition and take a decision on the same at the earliest. (K.M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm