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 17TH JANUARY 2011 / 27TH POUSHA 1932 OP (FC).No. 441 of 2010(R) -------------------------- OP.280/2010 of FAMILY COURT, NEDUMANGAD .................... PETITIONER: -------------------- SUDHEESH KUMAR, S/O.SIVANANDHAN, AGED 35 THOTTATHIL VEEDU, ARUVIKKARA, KALATHUKAL, ARUVIKKARA VILLAGE, NEDUMANGAD TALUK, TRIVANDRUM, (REPRESENTED BY HIS POWER OF ATTORNEY HOLDER RETNAKARAN, S/O.PADMANABHAN,GRAHALEKSHMI VILAS, KACHANI, KARAKULAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.J.JAYAKUMAR RESPONDENT(S): --------------- RAJANI, D/O.REMADEVI, AGED 28 YEARS, SREEDHARA VILASOM, PRAVACHAMBALAM, NEMOM, NEAR S.B.T., NEMOM, THIRUVANANTHAPURAM. ADV. SRI.G.SUDHEER SMT.M.JAYASREE THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 17/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1 TRUE COPY OF THE GENERAL POWER OF ATTORNEY EXECUTED BY THE PETITIONER. EXT.P2 TRUE COPY OF OP (HMA) NO. 1573/2009 FILED BY THE PETITIONER BEFORE THE FAMILY COURET, NEDUMANGAD. EXT.P3 TRUE COPY OF THE O.P.NO. 280/2010 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, NEDUMANGAD. EXT.P4 TRUE COPY OF THE PETITION FILED BY THE RESPONDENT IN THE O.P. EXT.P5 TRUE COPY OF OBJECTION FILED BY THE PETITIONER IN THE PETITION. EXT.P6 TRUE COPY OF THE ORDER DT.18.10.2010 IN O.P. 280/2010 OF THE FAMILY COURT, NEDUMANGAD. /TRUE COPY/ K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(FC).No. 441 of 2010 R - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of January, 2011 JUDGMENT Joseph, J. The petitioner herein is the petitioner in O.P. No.280 of 2010 before the Family Court, Nedumangad. The said Original Petition was filed by the petitioner praying for a decree declaring that 60 sovereigns of gold ornaments kept in safe locker in the State Bank of Travancore, Pravanchambalam branch belongs to him and that the respondent wife, who is possessing key No.10 relating to the locker No.200, in which the 60 sovereigns of gold ornaments were being kept along with other gold ornaments belonging to the wife, be injuncted from removing the 60 sovereigns of gold ornaments belonging to the petitioner from the safe locker. O.P. 1573 of 2010 was filed by the petitioner/husband for restitution of conjugal rights. O.P.(FC).No. 441 of 2010 2 2. By Ext.P6 order, the Family Court, Nedumangad has found that the said court has no jurisdiction to try O.P. 280 of 2010 and the said Original Petition has to be instituted before the Family Court, Thiruvananthapuram. The petitioner was directed to take steps to present O.P. 280 of 2010 before the proper court, i.e. Family Court, Thiruvananthapuram. 3. We heard learned counsel for the petitioner and the learned counsel for the respondent. 4. The learned counsel for the petitioner would submit that the petitioner is not having any objection in having both O.P. 280 of 2010 and 1573 of 2010 being considered by the Family Court, Thiruvananthapuram. He prays that O.P.No.1573 of 2010 pending before the Family Court, Nedumangad may be ordered to be transferred to the Family Court, Thiruvananthapuram and that he will also take steps to present O.P. 280 of 2010 before the Family Court, Thiruvananthapuram. The learned counsel for the respondent has no objection for the same. O.P.(FC).No. 441 of 2010 3 5. In such circumstances, we pass the following order. The challenge to Ext.P6 is repelled and the order, Ext.P6, is uphold. We further direct that O.P.No.1573 of 2010 pending before the Family Court, Nedumangad shall stand transferred to the Family Court, Thiruvananthapuram. 6. This Original Petition is disposed of as above. (K.M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm