IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Tr.P(C).No. 234 of 2009 -------------------------------- (TO TRANSFER O.P.NO.663/2009 OF FAMILY COURT,THRISSUR TO FAMILY COURT, ERNAKULAM) .................... PETITIONER: -------------------- LATHA, AGED 50 YEARS, D/O. K.P.ACHUTHAN NAIR, 7/771 B, NANDANAM, R.E.C.C.A.A. VALLEY, MAVELIPURAM, KAKKANADU P.O., KOCHI. BY ADV. MR.D.ANIL KUMAR. RESPONDENT: ---------------------- P.RAVEENDRAN, S/O. K.V.SANKARAN NAIR, B3, ROHINI APARTMENT, AYYANTHOLE, THRISSUR. BY ADV. MR.P.K.ANIL. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).No.234 OF 2009 -------------------------- Dated this the 19th day of October 2009 ------------------------------------- ORDER Petition for transfer filed under Section 24 of the Code of Civil Procedure. Petitioner is the wife, and respondent the husband. Husband has filed a petition for divorce as O.P No.663 of 2009 before Family Court Thrissur, and the wife has sought for transfer of that petition to the Family Court Ernakulam. After hearing the counsel on both sides and taking note of the facts and circumstances and also the age of the parties who have crossed middle age, parties were directed to appear before the Mediation Center to see whether by mediation settlement resolving the disputes is possible. Pursuant thereto, thanks to the efforts made by the mediator Advocate C.E Unnikrishnan, the parties have reached a settlement to resolve the disputes by seeking a dissolution of their marriage by mutual consent. Terms of settlement Tr.P.(C).No.234 OF 2009 Page numbers arrived by the parties have been filed with the report of the mediator. Parties and their counsel also have subscribed their signatures in the settlement arrived. The parties have decided to break the marriage by filing a petition under Section 13(B) of the Hindu Marriage Act. The learned counsel for the wife requested for transfer of the petition to the Family Court, Ernakulam, to which the respondent has no objection. Having regard to the submissions arrived at and the facts and circumstances presented, I direct for transfer of O.P No.663/2009 before the Family Court Ernakulam. On the filing of the joint petition under Section 13(B) of the above Act for divorce by mutual consent by the parties the court below shall permit them to withdraw O.P No.663/2009. Any application moved by the petitioners for having exemption from the time limit fixed for passing of a decree for divorce on mutual consent, on filing of their joint petition, has also to be considered by the court below taking note of the settlement Tr.P.(C).No.234 OF 2009 Page numbers arrived in the mediation ordered by this court. Subject to the above directions transfer of O.P No.663/09 from the Family Court, Thrissur to the Family Court, Ernakulam is ordered, directing the Judge, Family Court, Thrissur to transmit the records without delay to the transferee court. The parties shall appear before the transferee court on 02/11/2009. Registry shall also inform the Family Court, Thrissur, of the date fixed for appearance of the parties before the Family Court, Ernakulam, so that, the records are transmitted to the transferee court before the date fixed for appearance of the parties. The Judge, Family Court, Ernakulam is directed to take note of the settlement arrived at by the parties, in mediation, in the present suit, so as to pass appropriate orders after filing of the joint petition by the parties before that court. Sd/- S.S.SATHEESACHANDRAN, //TRUE COPY// JUDGE vdv P.A TO JUDGE