IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 OP (FC).No. 2420 of 2011(R) --------------------------- OP.532/2009 of FAMILY COURT,THRISSUR .................... PETITIONER(S): -------------------- SIBI A V, S/O.VARGHESE, AGED 39 YEARS ARIKKADAN HOUSE, ALOOR VILLAGE, MUKUNDHAPURAM TALUK,THRISSUR DIST. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- DIXY, D/O.JOSE, AGED 28 YEARS VAZHAPPILLY HOUSE, CHAYIPPAMKUZHI DESOM KUTTICHIRA VILLAGE, THRISSUR DIST 680001. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN OP(FC).2420/11 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE OP NO.532/09 DATED 23.4.09 FILED BEFORE THE FAMILY COURT, THRISSUR. EXT.P2: TRUE COPY OF THE OBJECTION DATED NIL FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, THRISSUR. EXT.P3: TRUE COPY OF THE OP NO.349/10 DATED 4.3.10 FILED BEFORE THE FAMILY COURT, THRISSUR. EXT.P4: TRUE COPY OF THE I.A.NO.1488/11 IN OP.539/09 DATED 18.2.11 FIELD BEFORE the FAMILY COURT, THRISSUR. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- O.P(FC).No.2420 OF 2011 ------------------------------------ Dated this the 28th day of July, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. The husband of the respondent is before us. He has sued her for divorce. She has sued him for recovery of amounts, ornaments etc. Both matters are lying before the Family Court, Thrissur, which, even going by the submissions, is a fairly heavy station. It is submitted that though the litigations are of the year 2009, learned Judge of the Family Court has attempted for Adalath and also for Mediation. As of now, we are told that the matter is essentially before the Mediation Centre, Thrissur. If that were so, it is not appropriate to discharge the element of settlement which may be generating through the process of mediation. Yet, we order this original petition by directing the petitioner to place a copy of this judgment before the learned Judge of the Family Court and make a request that in the event of the matter going for trial OPFC.2420/11 2 ultimately, further steps may be resorted to, including by issuance of commission for examination of parties as may be deemed fit by the Judge of the Family Court. We clarify that we have not expressed anything on the merits of the matter or on the course to be adopted. The original petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K.SURENDRA MOHAN, Judge. kkb.28/7.