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High Court of KeralaOP (FC)/22/2015dismissed

Bindu Mol T. v. Sreekanth S.

2015-03-10Honourable Mr. Justice P.D.Rajan,Honourable Mr.Justice V.K.Mohanan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.K.MOHANAN & THE HONOURABLE MR. JUSTICE P.D.RAJAN TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936 OP (FC).No. 22 of 2015 (R) --------------------------- (COMMON ORDER IN I.A.NO.495/2014 & I.A.NO.499/2014 IN OPHMA 254/2014 OF FAMILY COURT, ALAPPUZHA DATED 22.12.2014) PETITIONERS/RESPONDENTS 2 AND 3:-:

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1. BINDU MOL T.

D/O.PUSHKARAN, AGED 27 YEARS, CHOOLAKANDATHIL HOUSE, KALAVOOR P.O.

ALAPPUZHA.

2. THANKAMONY, W/O.PUSHKARAN, CHOOLAKANDATHIL HOUSE, KALAVOOR P.O. ALAPPUZHA.

BY ADVS.SMT.C.G.BINDU SMT.C.G.AJITHA RESPONDENTS/PETITIONERS:-:

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1. SREEKANTH S.

S/O.M.V.SAHADEVAN, MARUTHAMALA HOSUE, NORTH ARYAD P.O. ALAPPUZHA, PIN-688001.

2. UNION BANK OF INDIA, KALAVOOR BRANCH, ALAPPUZHA REPRESENTED BY ITS BRANCH MANAGER, PIN-688001. R, BY ADV. SRI.P.PRAMEL R,R BY ADV. SMT.A.K.RAJASREE R BY SRI.A.S.P.KURUP, SC, UBI THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 10-03-2015, ALONG WITH OPFC 25/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP (FC).No. 22 of 2015 (R) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1. TRUE COPY OF THE O.P.(HMA) NO.254/2014 BEFORE THE FAMILY COURT, ALAPPUZHA.

EXHIBIT P2. TRUE COPY OF HTE I.A.NO.495/2014 IN O.P.(HMA)NO.254/2014 BEFORE THE FAMILY COURT, ALAPPUZHA DATED 02.05.2014. EXHIBIT P3. TRUE COPY OF HTE I.A.NO.499/2014 IN O.P.(HMA)NO.254/2014 BEFORE THE FAMILY COURT, ALAPPUZHA.

EXHIBIT P4. TRUE COPY OF THE EX-PARTE ORDER OF INJUNCTION DATED 09.05.2014 IN I.A.NO.499/2014 IN O.P.NO.254/2014 OF THE FAMILY COURT, ALAPPUZHA.

EXHIBIT P5. TRUE COPY OF THE OBJECTION FILED IN EXHIBIT P2 DATED 02.07.2014.

EXHIBIT P6. TRUE COPY OF THE OBJECTION FILED IN EXHIBITS-P3 DATED 06.11.2014.

EXHIBIT P7. TRUE COPY OF THE O.P.(G&W)NO.262/2014 DATED 05.05.2014. EXHIBIT P8. TRUE COPY OF THE I.A.NO.510/14 IN O.P.(G&W)NO.262/2014 DATED 05.05.2014.

EXHIBIT P9. TRUE COPY OF THE OBJECTION IN I.A.NO.510/14 IN O.P.(G&W) NO.262/2014 DATED 20.10.2014.

EXHIBIT P10. TRUE COPY OF THE O.P.NO.813/2014 ON THE FILE OF THE FAMILY COURT, ALAPPUZHA DATED 19.12.2014.

EXHIBIT P11. TRUE COPY OF THE I.A.NO.1615/2014 IN O.P.NO.813/2014 DATED 19.12.2014.

EXHIBIT P12. TRUE COPY OF HTE COMMON ORDER DATED 22.12.2014 PASSED IN I.A.NO.495/2014 ALNOG WITH I.A.NO.499/2014 IN O.P.(HMA)NO.254/2014 OF FAMILY COURT, ALAPPUZHA.

RESPONDENT(S)' EXHIBITS: NIL ----------------------- TRUE COPY PA TO JUDGE SCL.

V.K.MOHANAN & P.D.RAJAN, JJ.

--------------------------------------- O.P.(F.C.) Nos. 22 & 25 of 2015 ---------------------------------- Dated this the 10th day of March, 2015.

JUDGMENT

V.K.Mohanan, J.

The above two original petitions are filed challenging the common order dated 22.12.2014 in I.A.Nos.495 & 499 of 2014 in O.P.(HMA) No.254 of 2014 of the Family Court, Alappuzha.

2.

During the hearing of the matter, as this Court is not inclined to entertain the above original petitions, the learned counsel for the petitioner submits that the matter may be sent for mediation.

3.

As the parties are coming from Alappuzha and the District Mediation is working at Alappuzha, we are of the view that O.P.(HMA) No.254 of 2014 pending before the Family Court, Alappuzha, can be referred for mediation at the District Mediation Centre, Alappuzha. Accordingly, these original petitions are dismissed, however, we direct the Family Court, Alappuzha to place O.P.No.254 of 2015 for mediation before the District Mediation Centre, Alappuzha and the petitioner as

O.P.(F.C.) 22 & 25 of 2015 well as the respondents are directed to co-operate with the mediation. The Convener, District Mediation Centre, Alappuzha is free to fix their date for mediation. On which date, the parties will appear there and co-operate with the mediation. Subject to the above direction and observation, this original petitions are dismissed.

Sd/- V.K.MOHANAN JUDGE Sd/- P.D.RAJAN JUDGE Scl.