ABDUL KAREEM Vs. NASEEMA

JUDGEMENT

(1.) Under challenge in this original petition filed by the petitioner/husband of the first respondent is Ext. P7 order passed by the Family Court, Ernakulam. Ext. P7 order is passed by the Court on Ext. P6 application filed by the petitioner seeking a joint trial of M.C. 220 of 2010, a petition for maintenance filed by the wife and two original petitions, O.P. 1405 of 2010 and O.P. 2002 of 2010 filed by the husband for return of gold ornaments and money.(O.P. 2002 of 2010 is renumbered and presently pending before the Family Court, Ernakulam as O.P. 268 of 2012). Learned Judge of the Family Court by Ext. P7 order dismissed Ext. P6 taking the view that M.C. proceedings are to be dealt with under the provisions of the Code of Civil Procedure while the procedure to be followed in the case of two original petitions is civil procedure. Having considered the various materials placed before us in this original petition and having read through Exts. P6 and P7, we are view of that even though the reasoning of the learned Judge of the Family Court that different procedural laws have to be applied for trying the maintenance case as well as the two original petitions, is correct, we are unable to justify Ext. P7 order under which Ext. P6 has been completely dismissed. Learned counsel for the husband submitted before us there will not be any serious objection in the two original petitions being consolidated. In the above circumstances, we modify Ext. P7 order and say that Ext. P6 application will stand allowed to the extent of consolidating O.P. 1405 of 2010 and O.P. 268 of 2012. The Family Court will conduct a joint trial of those two original petitions and will decide the original petitions by a common judgment. In the enquiry to be conducted sufficient opportunity will be given to both the sides for substantiating their rival contentions. As the original petitions are sufficiently old learned Judge will give some priority to these cases and ensure a speedy disposal in accordance with law, at any rate, within four months of receipt of a copy of this judgment. We clarify that it is open to the Family Court to finally dispose of the M.C. even earlier. The O.P.(FC) is disposed of as above.