BAIJU VARGHESE Vs. SUNI THOMAS

JUDGEMENT

(1.) Mat. Appeal No.917/2010 was filed by the petitioner in the lower court against the order in O.P. 135/2008 of Family Court, Kottayam. While Mat.Appeal No.1028/2010 was filed by the respondents in O.P. 268/2010 and Mat. Appeal No.2/2011 was filed by the petitioner in O.P.(G&W) 637/2009 of the same court. I am referring to the relationship between the parties instead of their status in the proceedings for convenient sake.

(2.) O.P.(G&W)135/2008 was filed by the husband for custody of the minor child. This was originally filed before the Family Court, Ernakulam as O.P.(G&W)1589/2007 and thereafter it was transferred to Family Court, Kottayam at Ettumanoor and renumbered as O.P.(G&W)135/2008. O.P.268/2010 was originally filed before the Family Court, Ernakulam as O.P.1156/2007 by the wife against the husband and his mother for return of gold ornaments and money which was later transferred to Family Court, Kottayam at Ettumanoor. O.P.1603/2008 was originally filed by the husband against the wife for divorce and later transferred to Family Court, Kottayam at Ettumanoor where it was renumbered as O.P.637/2009.

(3.) The common case of the parties in all these cases was as follows: