SMITHA Vs. DIVAKARAN

JUDGEMENT

(1.) This original petition challenges Ext.P3 order by virtue of which the Family Court, Palakkad rejected an application to make over O.P.No.565/2007 pending before the Family Court, Palakkad to the newly formed Family Court at Ottappalam. Application to make over the case was filed stating that after its formation, Court at Ottappalam alone has territorial jurisdiction over the lis.

(2.) O.P.No.565/2007 is filed seeking maintenance, both past and future and also for return of gold ornaments or its value. Even though initially an ex parte decree was passed, the same was subsequently set aside by this Court by judgment dated 10.10.2019 as evidenced from Ext.P1. In Ext.P1, there was a direction that the Family Court shall take every endeavour to dispose of the matter within a period of eight months from 25.11.2019. After Ext.P1 judgment, petitioner filed IA No.1/2020 pointing out that after the original petition was filed and during the pendency of the case, a new Family Court was constituted at Ottappalam. It was pointed out that since the cause of action for O.P.No.565/2007 of the Family Court, Palakkad arose within the jurisdictional limits of the Family Court at Ottappalam, the case is liable to be made over/ transferred to the Family Court, Ottappalam. The learned counsel for the respondent filed an affidavit endorsing the request for transfer and conceded to the fact that the cause of action arose within the jurisdictional limits of the Family Court at Ottappalam.

(3.) In spite of there being no dispute between the parties as regards the jurisdictional limits, the Family Court, Palakkad by Ext.P3 order rejected the application for the reason that there is a specific direction from this Court to dispose of the case.