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Jobin Joseph

High Court Of Kerala|09 December, 2014
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JUDGMENT / ORDER

Mohanan, J.
The petitioner is the counter petitioner in O.P.(SMA) No.678/14 and petitioner in O.P.(SMA)No.1076/14. The 1st respondent herein preferred O.P.(SMA)No.678/14, seeking a decree of dissolution of marriage between the petitioner and the counter petitioner therein and O.P.(SMA) No.1076/14 was filed by the petitioner herein, seeking decree of restitution of conjugal rights under Section 22 of the Special Marriage Act, between the petitioner and the 1st respondent. The grievance projected by the petitioner in this original petition is that, as there is no trained Counsellors in the Family court, Pathanamthitta, there is no progress in Exts.P2 and P3 petitions pending in that court and therefore it is prayed to issue a direction to the Family court, Pathanamthitta, to proceed further on Exts.P2 and P3 O.P.(F.C.) No.557 of 2014 2 petitions after providing the process of counselling through a trained Counsellor to the respondent and after obtaining the requisite report within such time as this Court deem fit.
2. When the above original petition came up for consideration, we had directed the Registry to report as to why the counsellors are not appointed in the Family court at Pathanamthitta, and whether the Counsellors available in the Family courts at Thiruvalla or at Adoor can be conferred charge of Family court, Pathanamthitta. Pursuant to the above direction, the Registrar, Sub-ordinate Judiciary, reported that in compliance of the order dated 21.11.2014 in this original petition, the Principal Counsellor, Family court, Thiruvalla, has been relieved of his additional charge of Principal Counsellor, Family court, Kottarakkara, and has been placed in full additional charge of Principal Counsellor, Family court, Pathanamthitta, with the direction to attend Family court, Pathanamthitta, for at least three days in a week for the discharge of his duty as Principal Counsellor, in addition to his normal duties as Principal Counsellor, Family court, Thiruvalla. In the light of the above arrangements, we O.P.(F.C.) No.557 of 2014 3 are of the view that, now the service of Principal Counsellor is available at Pathanamthitta Family court and therefore Exts.P2 and P3 petitions can be referred for counselling, on the basis of which, the Family court can proceed to consider Exts.P2 and P3 on merit.
In the result, this original petition is disposed of directing the Family court, Pathanamthitta, to refer Exts.P2 and P3 for counselling to the Principal Counsellor and further directed to dispose Exts.P2 and P3 petitions in pursuant to the report obtained from the Principal Counsellor, Family court, Pathanamthitta, as expeditiously as possible.
Sd/-
V.K.MOHANAN, Judge.
ami/ //True copy// P.A.to Judge Sd/-
K.HARILAL, Judge.
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Title

Jobin Joseph

Court

High Court Of Kerala

JudgmentDate
09 December, 2014
Judges
  • V K Mohanan
  • K Harilal
Advocates
  • Sri
  • S Subhash Chand