VIDHYA MUNDEKKAT Vs. AKHILESH JAYARAM

JUDGEMENT

(1.) Petitioner and the respondent are wife and husband. Their marriage was solemnised on 31.01.2011. Marital discord among the spouses resulted in the petitioner filing O.P.No.354 of 2019 before the Family Court, Kozhikode seeking restitution of conjugal rights and M.C.No.31 of 2016 before the Judicial First Class Magistrate Court-I, Kozhikode, under the Protection of Women from Domestic Violence Act. In turn, the respondent filed O.P.(G & W) No.574 of 2017 for guardianship and custody of the minor daughter and O.P.No.749 of 2020 for dissolution of marriage, before the Family Court, Kozhikode. The M.C and the original petition under the Guardian and Wards Act were dismissed. The prayer in this petition is to transfer O.P.No.354 of 2019 and 749 of 2020 to the Family Court, Chavara since the petitioner has shifted her residence to an apartment in Amrithapuri, Karunagappally, Kollam.

(2.) Heard Sri.B.Mohanlal, learned Counsel for the petitioner and Sri.Salil Narayanan K.A, learned Counsel for the respondent.

(3.) Learned Counsel for the petitioner submitted that at the time when O.P.No.354 of 2019 was filed before the Family Court, Kozhikode, the petitioner was residing in Kozhikode. The petitioner and her parents are devotees of Matha Amrithananthamayi and from April 2018 onwards, all of them shifted to a flat in Amritapuri in Karunagappally. The minor girl child, now aged 8 years, is residing with the petitioner and is studying in the second standard in Amrita Vidyala in Karunagappally from 13.04.2018 onwards. Moreover, the petitioner has to travel about 330 Kms to attend the Family Court at Kozhikode. No inconvenience will be caused to the respondent by attending the Family Court at Chavara since he is employed at Chennai.