THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.M.JOSEPH & THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS

MONDAY, THE 16TH DAY OF JANUARY 2012/26TH POUSHA 1933

OPFC.No. 167 of 2012 (R) ====================

PETITIONER(S) =============

GOPALAKRISHNAN SENIOR ENGINEER UNIVERSAL ELECTRICAL AND MECHANICAL TRADING AND CONTRACT P.B.NO.30/13 FUJIRA, U.A.E. (REMA BHAVAN, KALAYANADU VALAKODU VILLAGE PATHANAPURAM TALUK).

BY ADV.SRI.S.SREEKUMAR (SR.) SRI.PIRAPPANCODE V.S.SUDHIR

RESPONDENT(S)

=============

SEETHA DEVI ANANDAM T.C.31/623-1 SREE NARAYANA NAGAR PETTAH THIRUVANANTHAPURAM-695032.

THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 16-01-2012 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OPFC NO.167/2012:

PETITIONER'S EXHIBITS:

EXT.P1.TRUE COPY OF THE ORIGINAL PETITION, NOW PENDING AS OP (HMA) NO.722/2007 BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM.

EXT.P2.TRUE COPY OF THE OP.NO.1262/2006 FILED BY THE PETITIONER.

EXT.P3.TRUE COPY OF THE OP.NO.1734/2004 PENDING CONSIDERATION BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM.

EXT.P4.TRUE COPY OF THE OP NO.486/2005 PENDING CONSIDERATION BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM.

EXT.P5.TRUE COPY OF THE ORDER DATED 19.12.2011 IN IA.NO.1763/2009 IN OP(HMA) N0.722/2007.

EXT.P6.TRUE COPY OF THE AFFIDAVIT AND THE INTERIM APPLICATION ACCOMPANYING IT SEEKING JOINT TRIAL OF OP (HMA) NO.722/2007, OP.1262/2006, OP.1734/2004 AND OP.486/2005.

EXT.P7.TRUE COPY OF THE AFFIDAVIT AND INTERIM APPLICATION NO.13/2012 PRAYING TO NOT ONLY ADVANCE THE OP (HMA) NO.722/2007, BUT TO FURTHER POST OP.NO.1262/2006, OP.NO.1734/2004 AND OP.(HMA) NO.722/2007.

EXT.P8.TRUE COPY OF THE ORDER DATED 7.1.2012 IN IA.NO.12/2012 IN OP.(HMA) NO.722/2007 OF THE FAMILY COURT, THIRUVANANTHAPURAM.

K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.

----------------------------------------- O.P.(F.C) No.167 of 2012-R -----------------------------------------

Dated, this the 16 th day of January, 2012

J U D G M E N T

K.M.Joseph, J.

Petitioner challenges Ext.P8 order dated 7.1.2012 passed by the Family Court, Thiruvananthapuram rejecting an application for joint trial of four cases filed by the petitioner. O.P.No.486/2005 and O.P.No.722/2006 are petitions for divorce and for restitution of conjugal rights filed by the husband and wife respectively. Those cases are already ordered to be tried jointly. The wife has also fled a petition for maintenance. There is a further case filed by the husband which is a suit for injunction in respect of the property alleging that the property belongs to him exclusively. It is these two cases which the petitioner wanted to be tried jointly along with the petition for divorce and petition for restitution of conjugal rights which has been declined by the Family Court.

2. We heard Sri.S.Sreekumar, learned senior counsel for the petitioner. The learned senior counsel would bring to our notice the decision of this Court in Shijo Antony v. Sebastian Joseph (2009 (2) KLT 975). The said decision turned on the

OPFC 167/2012 -2-

facts presented before the Single Judge and we would think that the principle laid down there cannot apply to the facts of this case. The Court found in that case in particular that there is a common defence set up by the defendants in all the three suits.

3. We must also remind ourselves that this is a petition filed under Article 227 of the Constitution and mere error in the order cannot justify resorting to the extraordinary powers under Article 227 which the Apex Court has held in various decisions must be exercised sparingly. Then the learned senior counsel would submit that this Court may order at any rate simultaneous trial of the cases. We make it clear that, it will be open to the petitioner to move the Family Court for simultaneous trial in which event it is for the Family Court to pass appropriate orders on the same.

The Original Petition is disposed of as above.

(K.M.JOSEPH) JUDGE.

(M.L.JOSEPH FRANCIS) JUDGE.

MS