Dismissed

Anu @ Annie Joseph v. Tony Philip Mendez

Kerala HC2 Nov 2016Tr.P(C)/625/2015

Case brief

AI extract

What is this about?

The court refused to transfer pending divorce petitions from Family Court, Ernakulam to Kollam. Instead, it directed the original court to dispose of the cases within six months, allowing the petitioner to appear through counsel during non-mediation hearings.

What did the court decide?

Directorship to Family Court, Ernakulam to dispose of petitions within six months; petitioner may appear through counsel except for mediation/counseling.

Anu @ Annie Joseph Vs Tony Philip Mendez — Matrimonial and Divorce | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

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WEDNESDAY, THE 2ND DAY OF NOVEMBER 2016/11TH KARTHIKA, 1938

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Tr.P(C).No. 625 of 2015

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OP(DIV) 1707/2015 OF FAMILY COURT, ERNAKULAM

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PETITIONER(S)/1ST RESPONDENT :

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ANU @ ANNIE JOSEPH, AGED 42, D/O.P.T.JOSEPH, PIKAVILA HOUSE, KANNANALLOOR, KOLLAM - 691 576.

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BY ADV. SRI.SAJU J. PANICKER

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RESPONDENT(S)/PETITIONER:

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TONY PHILIP MENDEZ, AGED 48, S/O.LAWRENCE MENDEZ, PULIANETHUPARAMBIL HOUSE, PIPE LINE ROAD, PALARIVATTOM, KOCHI - 682 024.

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BY ADVS. SRI.LAVARAJ M.G. SRI.A.G.ANILKUMAR

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-11-2016, ALONG WITH TPC. 626/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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Tr. P(C).No. 625 of 2015 -------------------------

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APPENDIX

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PETITIONER(S)' ANNEXURE

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A1 : COPY OF THE PETITION IN OP.NO.1707/2015 FILED BEFORE THE FAMILY COURT, ERNAKULAM.

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RESPONDENT(S)' ANNEXURE:

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------------------------

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

K. Ramakrishnan, J.

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============================== Tr.P.(Civil)Nos.625 & 626 of 2015

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============================== Dated this, the 02^nd day of November, 2016.

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O R D E R

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These two petitions were filed by the petitioner, who is the wife of the respondent, to transfer O.P. (Divorce) No.1707/2015 and O.P.No.1654/2015, both pending before Family Court, Ernakulam to Family Court, Kollam, under Section 24 of Code of Civil Procedure.

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When the application came up for hearing today, the counsel for the petitioner submitted that, if a time bound disposal is directed to be done of these two cases, he has no objection in these cases being tried by Family Court, Ernakulam itself. It is seen from the report that one case was filed by the husband against the wife for injunction restraining the wife or men from forcefully taking the children from his custody. That shows that the children are with the father now. If the cases are transferred to Kollam, husband will have to go with the children to Kollam, which will cause unnecessary hardship

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Tr.P.(Civil)Nos.625 & 626 of 2015 : 2 :

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to the children. Counsel for the respondent also submitted that though the case is posted for mediation to 28.10.2016, the party could not appear on that day, so the mediation could not be proceeded with. So, considering the circumstances, this Court feels that instead of transferring the case, directing Family Court, Ernakulam, to dispose of the case in a time bound manner will be sufficient after completing the process of mediation and counseling if any required. So, the petitions are disposed of as follows:

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The Family Court, Ernakulam is directed to expedite disposal of O.P.(Divorce)No.1707/2015 and O.P.No.1654/2015 pending before that court, as expeditiously as possible, at any rate, within six months from the date of receipt of this order. In the meantime, the presence of the petitioner may not be insisted, except for the purpose of conducting counseling and mediation if required as provided under the Family Courts Act and Section 89 of Code of Civil Procedure. On all other days, she may be permitted to appear through counsel.

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Tr.P.(Civil)Nos.625 & 626 of 2015 : 3 :

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Registry is directed to communicate this order to the

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concerned court immediately.

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With the above direction and observation, the petitions are disposed of. Interim order of stay granted is

hereby vacated.

Sd/-

K.Ramakrishnan,

Judge.

Bb/03/11/2016

[True copy]

P.A to Judge

Anu @ Annie Joseph v. Tony Philip Mendez

Case brief

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Anu @ Annie Joseph v. Tony Philip Mendez

Case brief

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