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2020 DIGILAW 518 (KER)

Smitha K. K. v. T. Divakaran

2020-06-23

BECHU KURIAN THOMAS, S.V.BHATTI

body2020
JUDGMENT : Bechu Kurian Thomas, J. 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. 4. We have heard Sri.R.Sreehari, the learned counsel for the petitioner. Adv. Sri.Sreeprakash K.Nair takes notice on behalf of the respondent. The learned counsel for the respondent submits that the respondent has no objection in making over/ transferring the case to the Family Court at Ottappalam. 5. After having heard the learned counsel for the petitioner as well as the learned counsel for the respondent, we feel that Ext.P3 is liable to be set aside. The learned counsel for the respondent submits that the respondent has no objection in making over/ transferring the case to the Family Court at Ottappalam. 5. After having heard the learned counsel for the petitioner as well as the learned counsel for the respondent, we feel that Ext.P3 is liable to be set aside. On account of the creation of the Family Court at Ottappalam, the cause of action having arisen within its jurisdiction, certainly O.P.No.565/2007 on the files of the Family Court at Palakkad ought to have been transferred/ made over to the newly formed Court. A direction from this Court to dispose of the original petition in a time bound manner cannot stand in the way of such making over/ transferring since, after the creation of the new Family Court, by operation of law, the case ought to be and can be considered, only by the newly formed Court within whose jurisdiction the cause of auction arose. The direction to dispose of the case in a time bound manner issued by judgment dated 10.10.2019 in Mat.Appeal No.588/2013 will continue to govern the lis. The order directing early disposal will govern the case even after its transfer to the newly formed court. In the aforesaid circumstances, this original petition is allowed by setting aside Ext.P3 and directing the Family Court, Palakkad to make over/ transfer O.P.No.565/2007 pending on its files to the Family Court, Ottappalam. The Family Court, Ottappalam shall take steps to dispose of the matter, as expeditiously as possible, at any rate within the time specified in Ext.P1 judgment. It is needless to state that if the case cannot be disposed of within the time limit specified in Ext.P1, then, it is a matter to be brought to the notice of this Court for obtaining appropriate orders. This O.P.is allowed as above.