PETER JOSEPH Vs. GEORGE THOMAS

JUDGEMENT

(1.) THIS petition is for transfer of O.S.No.1165 of 2009 from the court of learned Munsiff, Ernakulam to Family Court, Ernakulam. Respondent filed O.S.No.1165 of 2009 against petitioners for a decree for mandatory injunction alleging that his son married petitioner No.3 on 21-04-2007 and thereafter the son and petitioner No.3 stayed with him. Later, they took up residence in a rented house and after some time they left to the place of employment of the son (abroad). It is the case of respondent that at a later point of time petitioners trespassed into the old house in the suit property and started residence there. He prayed for a decree for mandatory injunction.

(2.) PETITIONER Nos.1 and 2 are parents of petitioner No.3. They contended that it was utilizing the amount that petitioners had entrusted with the respondent at the time of marriage of petitioner No.3 with the son of respondent that the suit property was purchased. They also disputed the jurisdiction of civil court since according to them, no decree of the nature prayed for could be passed by the civil court in circumstances arising out of marital relationship. It is contended by learned counsel that petitioner No.3 has initiated proceedings in the Family Court, Ernakulam against respondent and others for recovery of money (allegedly) entrusted to the respondent at the time of marriage.