IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WP(C).No. 16439 of 2009(R) -------------------------- OP.254/2006 of FAMILY COURT,ERNAKULAM .................... PETITIONER(S): --------------- KURIAN MATHEW ABRAHAM, AGED 32, S/O.LATE MATHEW ABRAHAM, LECTURER, DEPARTMENT OF ZOOLOGY, MARTHOMA COLLEGE, THIRUVALLA. BY ADV. SRI.S.MUHAMMED HANEEFF SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENT(S): --------------- TEUNY JOHNS, AGED 27 YEARS, D/O.K.K.JOHNSON, KOCHUPARAMBIL HOUSE, MULAMTHURUTHY, ERNAKULAM. ADV. SRI.SAJAN MANNALI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(C).No.16439 of 2009 ---------------------------------------- Dated this the 4th day of November 2009 J U D G M E N T Basant,J This writ petition has been filed by the petitioner who is the respondent in O.P.No.254/06 pending before the Family Court, Ernakulam. This petition has been filed to challenge Ext.P5 order. 2. During the pendency of the proceedings, parties have settled all their outstanding disputes. It is submitted before court that O.P.No.254/06 for divorce as also O.P.No.1669/06 claiming a money decree pending between the parties before the Family Court have all now been settled. Parties have agreed that the marital tie can be dissolved by an application under Section 10A of the Divorce Act. They have further agreed to pay a lump sum amount of Rs.3,00,000/- in full settlement of the monetary claims. It is submitted at the Bar that the amount has already been paid. 3. It is prayed that an order granting divorce by mutual consent under Section 10A of the Divorce Act may be passed by W.P.C No.16439/09 2 this court in this writ petition and that O.P.No.1669/06 may be dismissed by an order in this writ petition. I.A.No.13836/09 has been filed before this court to report such settlement and I.A.No.13837/09 has been filed for an order dissolving marriage under Section 10A of the Divorce Act by mutual consent. 4. We wanted the learned counsel to explain why they have not moved the Family Court, Ernakulam before which O.Ps are pending and why they have come before this court with these I.As. The learned counsel submit that there have been precedents where such course has been followed by this court. In the interests of justice and for expeditious and harmonious settlement of the disputes between parties, such an extraordinary course may be followed by this court, it is prayed. 5. Having rendered our anxious consideration, we are not persuaded to agree that these I.As need be disposed of by this court. It will only be appropriate to direct the parties to appear before the Family Court where the divorce petition and the application for return of money are pending and report the composition before the Family Court so that the Family Court can pass appropriate orders. Not that this court does not have jurisdictional competence to resort to such an extraordinary W.P.C No.16439/09 3 course in an appropriate case; but we are not persuaded to agree that, in the facts and circumstances of this case, such course deserves to be followed. 6. In the result, a) This writ petition is dismissed. b) I.A.Nos.13836 & 13837 of 2009 shall be returned to the petitioners to seek appropriate remedy before the Family Court before which the O.Ps are pending. 7. The learned counsel pray and it is directed that the Family Court, Ernakulam must pass appropriate orders expeditiously in O.P.Nos.254/06 and 1669/06 when settlement is reported by advancing the hearing of the said O.Ps, if necessary. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C No.16439/09 4 W.P.C No.16439/09 5 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009