MANNU JOSEPH Vs. KAREENA

JUDGEMENT

(1.) THE above O.P.(C) has been instituted by the petitioner herein seeking the following prayers:

(2.) O .P. No. 1364/2011 was filed by the respondent herein (wife) before the Family Court, Kottayam, at Ettumanoor, for recovery of gold, money and gold ornaments. M.C. No. 362/2011 was filed by the respondent herein (wife) before the said Family Court, Kottayam claiming maintenance for herself. O.P. No. 98/2013 was filed by the petitioner herein (husband) before the Family Court, Kalpetta seeking divorce on the ground adultery. Still further, O.P. No. 99/2013 was filed by the petitioner herein (husband) before the Family Court, Kalpetta for recovery of gold chain and for damages.

(3.) PURSUANT to Ext. P2 orders of this Court on 7.3.2014, O.P. No. 176/2013 then pending on the file of the Family Court, Kalpetta, was also ordered to be transferred to the Family Court, Kottayam at Ettumanoor. It is also specifically directed by this Court in Ext. P2 that O.P. No. 176/2013 has been ordered to be transferred from the Family Court, Kalpetta to Family Court, Kottayam, for joint trial with the aforementioned four of the cases. It was also ordered that recording of further evidence in the four cases shall be deferred by a period of two months in order to enable the parties to complete the pleadings and take steps in the above said O.P. No. 176/2013 ordered to be transferred. It was also made clear that it is open to the parties to move the Family Court, Kottayam to have evidence recorded by deputing an advocate commissioner, if there are good and valid grounds for the same. It was also ordered that the proceedings in the five cases, including the aforementioned transferred case referred as O.P. No. 176/2013, shall be taken to a logical end within a period of four months from the date on which Ext. P2 order has been passed, viz., 7.3.2014. Pursuant to Ext. P2 order aforementioned O.P. No. 176/2013 was transferred from the Family Court, Kalpetta, to the Family Court, Kottayam, wherein the latter court has re -numbered the matter as O.P. No. 342/2014. It is submitted by the petitioner that the aforementioned O.P. No. 342/2014 was posted before the Family Court, Kottayam, on 29.5.2014 for appearance of the parties and that on the said day, the petitioner therein, viz., the husband, did not appear and therefore, the court below, on the said day had set him ex parte in O.P. No. 342/2014. Immediately thereafter, the petitioner filed Ext. P3 application to set aside the aforementioned ex parte order dated 29.5.2014 in O.P. No. 342/2014, it is averred.