IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 OP (FC).No. 533 of 2011(R) ------------------------------------ OP.62/2009 of FAMILY COURT,ERNAKULAM .................... PETITIONER (S): ------------------------ K.V.DANNY, S/O.K.P.VARGHESE AGED 28 YEARS, RESIDING AT NO.15/1 3RD MAIN ROAD, NEXT TO PRAKASH NAGAR, CO-OPERATIVE SOCIETY, AYYAPPA TEMPLE ROAD PRAKASH NAGAR, BANGALORE 560021. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): ------------------------ SIBI JOSEPH @ CELINA SIBI, AGED 24 YEARS, D/O.JOSEPH KALOOR HOUSE, KAITHARAM PO, KOTTUVALLY, N.PARUR, ERNAKULAM DISTRICT PIN682 519. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ O.P.(FC) No.533 of 2011-R ---------------------------------------------- Dated, this the 28th day of February, 2011 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs: “i) to direct the Family Court, Ernakulam to hear Exhibit P1 petition before taking Exhibit P2 and P3 petitions for trial. ii) to stay the trial of Exhibit P2 and P3 petitions pending before the Family Court, Ernakulam.” 2. Ext.P1 is the petition filed by the petitioner seeking restitution of conjugal rights. Ext.P2 is filed by the respondent-wife of the petitioner seeking divorce under the Indian Divorce Act. After the filing of Ext.P2 petition the respondent has also filed Ext.P3 petition seeking recovery of Rs.10.30 lakhs and other reliefs. According to the petitioner, as per equity and principles prescribed under the Family Court procedures the Court has to give preference to Ext.P1. Petitioner was still desirous of having a peaceful family life with his child and wife. 3. We heard the learned counsel for the petitioner. In the circumstances of the case we direct that it is open to the petitioner to file appropriate petition before the Family Court, Ernakulam to try and OPFC 533/2011 -2- dispose of Exts.P1, P2 and P3 together, and, if any such a petition is filed, the Family Court must necessarily take that petition into consideration. We also feel that it is appropriate that the Family Court considers Ext.P1 petition along with Exts.P2 and P3. With these observations leaving it open to the petitioner to move for having Exts.P1, P2 and P3 tried together we dispose of the writ petition. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS