ALEXANDER THOMAS, J. The above O.P.(C) has been instituted by the petitioner herein seeking the following prayers:
“1) Call for the records of O.P.324/2014, O.P.1364/2011 and connected cases and direct the Family Court to dispose of all these cases (O.P.1364/2011, M.C.362/2011, O.P. 98/2013, O.P.99/2013 and O.P.342/2014) in strict compliance with the directions of this Hon'ble Court in Ext.P1 and P2 after affording the parties to complete their evidence and steps within a reasonable time after referring them for counseling.
2) Direct the Family Court to dispose of Ext.P3 application expeditiously within a time limit to be fixed by this Hon'ble Court and refer the parties to O.P.324/2014 for counseling in compliance with Section 9 of the Family Court Act, 1984.”
2. O.P.No.1364/2011 was filed by the respondent herein (wife) before the Family Court, Kottayam, at Ettumanoor, for recovery of gold, money and gold ornaments. M.C.No.362/2011 was filed by the respondent herein (wife) before the said Family Court, Kottayam claiming maintenance for herself. O.P.No.98/2013 was filed by the petitioner herein (husband) before the Family Court, Kalpetta seeking divorce on the ground adultery. Still further, O.P. No.99/2013 was filed by the petitioner herein (husband) before the Family Court, Kalpetta for recovery of gold chain and for damages.
3. Pursuant to Ext.P1 order of this Court rendered on 27.11.2012 this Court directed transfer of the aforementioned two original petitions viz., O.P.No.98/2013 and O.P.No.99/2013 then pending on the file of the Family Court, Kalpetta to be transferred to the Family Court, Kottayam, at Ettumanoor. Later the respondent herein (wife) filed O.P.No.176/2013 before the Family Court, Kalpetta, seeking divorce on the ground of cruelty and desertion.
4. Pursuant to Ext.P2 orders of this Court on 7.3.2014, O.P.No.176/2013 then pending on the file of the Family Court, Kalpetta, was also ordered to be transferred to the Family Court, Kottayam at Ettumanoor. It is also specifically directed by this Court in Ext.P2 that O.P.No.176/2013 has been ordered to be transferred from the Family Court, Kalpetta to Family Court, Kottayam, for joint trial with the aforementioned four of the cases. It was also ordered that recording of further evidence in the four cases shall be deferred by a period of two months in order to enable the parties to complete the pleadings and take steps in the above said O.P.No.176/2013 ordered to be transferred. It was also made clear that it is open to the parties to move the Family Court, Kottayam to have evidence recorded by deputing an advocate commissioner, if there are good and valid grounds for the same. It was also ordered that the proceedings in the five cases, including the aforementioned transferred case referred as O.P.No.176/2013, shall be taken to a logical end within a period of four months from the date on which Ext.P2 order has been passed, viz., 7.3.2014. Pursuant to Ext.P2 order aforementioned O.P.No.176/2013 was transferred from the Family Court, Kalpetta, to the Family Court, Kottayam, wherein the latter court has re-numbered the matter as O.P.No. 342/2014. It is submitted by the petitioner that the aforementioned O.P.No.342/2014 was posted before the Family Court, Kottayam, on 29.5.2014 for appearance of the parties and that on the said day, the petitioner therein, viz., the husband, did not appear and therefore, the court below, on the said day had set him ex parte in O.P.No.342/2014. Immediately thereafter, the petitioner filed Ext.P3 application to set aside the aforementioned ex parte order dated 29.5.2014 in O.P.No.342/2014, it is averred.
5. When the above matter was taken up for consideration today, Sri.T.M.Raman Kartha, the learned counsel for the petitioner and Sri.K.K.John, the learned counsel for the respondent submits that the court need not go into any of the aspects raised in the original petition, except to order that the time limit fixed by this court in Ext.P 2 may be extended, as deemed fit and proper by this Court in the facts and circumstances of this case. Sri.K.K.John, learned counsel for the respondent also fairly submitted that the application of the petitioner-husband as per Ext.P3 to set aside the ex parte order ion O.P.No.342/2014 can also be allowed. We record the said submission. Sri.K.K.John, the learned counsel for the respondent further submits that directions may be issued to ensure that further proceedings in the matter are not in any way protracted and that the matter is concluded at the earliest.
6. Accordingly, considering the facts and circumstances of the case and considering the submissions made on either side, it is ordered that the impugned ex parte order dated 29.5.2014 passed in O.P.No. 342/2014 by the court below shall stand set aside and the said O.P.No. 342/2014 shall also be considered along with the other petitions in joint trial. It is further ordered that effort should be taken by the court below to ensure that all aforementioned five matters may be concluded, as expeditiously as possible. Since the time limit is to expire on 7.7.2014, we order that the said time limit fixed in Ext.P2 shall stand extended for a further period of three months from 7.7.2014.
The Original Petition stands disposed of subject to the above directions and observations.
Sd/- V.K.MOHANAN, JUDGE Sd/-
sdk+ ALEXANDER THOMAS , JUDGE ///True copy/// P.S. to Judge