Dhanu Joby – Appellant
Versus
Joby Cheriyan – Respondent
1. This matter is placed before the Division Bench on a reference by a learned single Judge, doubting the correctness of the decision reported as Preeti Yohannan vs. Abraham K. Mathen, 2012 (3) KLT 111 and posing the question as to whether the provisions of the Civil Rules of Practice should govern proceedings before this Court. The learned Judge has also raised an issue as to whether any fetter can be imposed on the powers of the High Court, while exercising its supervisory jurisdiction under Article 227 of the Constitution of India. The transfer petition was filed by the wife of the first respondent. Matrimonial disputes between them had led to the institution of five different proceedings before the Family Courts of Ernakulam and Kottarakkara, raising allegations and counter allegations. A single transfer petition was filed by the wife before this Court invoking S. 24 of the Code of Civil Procedure, for short, CPC, requesting for transfer of two cases pending before the Family Court, Ernakulam to the Family Court, Kottarakkara, to facilitate joint trial of all the cases. Registry raised an objection that separate application shall be filed in each proceeding on which tran
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